Subsection 4: Contract and cluster project

Articles in this section · 4

Article R6146-8

French Public Health CodeIn force

Updated 31 Oct 2023

I.-On the basis of the organisation determined by the Director, the cluster contract referred to in article L. 6146-1 defines the objectives, particularly in terms of care policy and quality, assigned to the cluster as well as the resources allocated to it. It sets out the indicators that will enable the achievement of these objectives to be assessed.

II - The cluster contract defines the scope and terms of a delegation of signature granted to the cluster manager to commit expenditure in the following areas:

1° Expenditure on replacement credits for non-permanent staff ;

2° Expenditure on medicines and medical devices;

3° Hotel expenses

4° Expenditure on the maintenance and repair of medical and non-medical equipment;

5° Staff training costs.

The unit contract defines the terms and conditions for any sub-delegation of the unit manager's signature to heads of department for the purpose of committing expenditure in these different areas.

III - The cluster contract also specifies the role of the cluster manager in the following areas:

1° Management of the provisional table of paid staff and distribution of allocated human resources between the cluster's internal structures;

2° Management of duty rosters for medical and non-medical staff;

3° Defining job profiles for medical, pharmaceutical and odontological staff, as well as for the unit's staff covered by the hospital civil service;

4° Proposing to the Director the recruitment of non-tenured staff for the division;

5° Assignment of staff within the unit;

6° Organisation of continuity of care, in particular medical or pharmaceutical duty;

7° Participation in drawing up the training plan for hospital civil service staff and the continuing professional development plan for medical, pharmaceutical, midwifery and odontology staff.

Where applicable, it specifies the terms and conditions under which the centre is to share in the results of its management.

IV - It is concluded for a period of four years.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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