Chapter III: Examination of a person's genetic characteristics and identification of a person by genetic fingerprints

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Article 16-10

French Civil CodeIn force

Updated 8 Nov 2023

I.-An examination of a person's constitutional genetic characteristics may only be undertaken for medical or scientific research purposes. It is subject to the express consent of the person, obtained in writing prior to the examination being carried out.

II -The consent provided for in I shall be obtained after the person has been duly informed of:

1° the nature of the examination;

2° The purpose of the examination, in the case of medical purposes, or its objective, in the case of scientific research;

> Where applicable, the reasons for the examination 3° Where applicable, the possibility that the examination may incidentally reveal genetic characteristics unrelated to its initial indication or its initial objective but knowledge of which would enable the person or members of his or her family to benefit from preventive measures, including genetic counselling, or care;

4° The possibility of refusing to disclose the results of the examination of genetic characteristics unrelated to the initial indication or the initial objective of the examination, and the risks that refusal would entail for the members of his family potentially concerned, in the event that a genetic anomaly is diagnosed which could be responsible for a serious condition justifying preventive measures, including genetic counselling, or care;

The consent shall mention the indication or objective referred to in 2° of this II.

The consent may be revoked at any time. Consent may be revoked in whole or in part, without form and at any time.

The results revealed incidentally, as referred to in 4°, are communicated in accordance with the conditions laid down in Title II of Book I of Part One of the Public Health Code, when the examination is for scientific research purposes, or in Title III of the same Book I, when the examination is for medical purposes.

III. III.By way of derogation from I and II, in the case of an examination of genetic characteristics mentioned in I undertaken for scientific research purposes and carried out using elements of a person's body taken for other purposes, the article L. 1130-5 of the Public Health Code shall apply.

III bis.-By way of derogation from Article I of this article, an examination of a person's constitutional genetic characteristics may also be undertaken for the purposes of combating doping, under the conditions set out in Article L. 232-12-2 of the Sports Code.

IV. IV -Any canvassing for advertising purposes relating to the examination of a person's constitutional genetic characteristics is prohibited.

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

Avocate au Barreau de Paris

Toque #C2396

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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