Chapter IV: Manufacturing and wholesale distribution.

Articles in this section · 26

Article L5124-18

French Public Health CodeIn force

Updated 6 Nov 2023

The following shall be determined by decree of the Conseil d'Etat:

1° The conditions under which any undertaking comprising at least one pharmaceutical establishment must be owned by a pharmacist or by a company in whose management or direction a pharmacist participates ;

2° The terms and conditions of the management lease provided for in the first paragraph of article L. 5124-2 ;

3° The duration and content of the appropriate practical experience which pharmacists in charge and delegated pharmacists must demonstrate, in accordance with the provisions of the last paragraph of article L. 5124-2;

4° The procedures for granting, suspending or withdrawing the authorisation to open a pharmaceutical establishment provided for in article L. 5124-3;

5° The conditions under which public health establishments manufacturing medicinal products industrially on 31 December 1991 may apply for the authorisation provided for in article L. 5124-3;

6° The conditions under which the pharmacists in charge and the delegated pharmacists may be replaced, as provided for in article L. 5124-4 , in the event of the proprietor's absence or if they are banned from practising;

7° The conditions of management of a pharmaceutical establishment as provided for in article L. 5124-4 in the event of the death of the owner pharmacist;

8° The conditions under which pharmaceutical companies and establishments may be advertised;

9° The procedures for applying articles L. 1413-4, L. 5124-7 and L. 5124-8 and the adaptations that may be made, with regard to pharmaceutical establishments, to the second, third and fourth paragraphs of article L. 5124-2 ;

10° The conditions under which pharmaceutical establishments may be advertised;

11° The rules governing the export of medicinal products as provided for in article L. 5124-11 ;

12° The conditions under which the Agence nationale de sécurité du médicament et des produits de santé authorises the importation of medicinal products as provided for in article L. 5124-13;

13° The sections of the Order to which the pharmacist referred to in article L. 5124-15 belongs and the conditions under which this pharmacist must be assisted or replaced;

14° The conditions under which non-profit organisations and public establishments other than health establishments may benefit from the authorisation referred to in article L. 5124-3;

15° The obligations of companies ensuring the parallel distribution of medicinal products within the meaning of article L. 5124-13-2 as well as the conditions under which medicinal products subject to parallel distribution are marketed in France.

Mariela Petrova

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Common Questions

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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