Section 2: Other administrative police measures

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Article L5145-9

French Public Health CodeIn force

Updated 6 Nov 2023

I.-Where a breach of the provisions of Article 104 of Regulation (EU) 2019/6 of 11 December 2018 or of the provisions adopted for the application of III of Article L. 5143-2 is established, the administrative authority shall give formal notice to the interested party to comply with these obligations within a period that it shall determine. It shall invite the interested party to present its written or oral observations within the same time limit, assisted, if necessary, by a counsel of its choice or by being represented. If, on expiry of this period, which may not be less than eight days, the person concerned has not complied with this injunction, or without delay in an emergency, the administrative authority may :

1° Order the temporary closure of the distance selling site for veterinary medicinal products for a maximum period of five months, renewable;

2° Order a financial penalty against the person responsible for the breach and, where applicable, attach to this fine a daily penalty which may not exceed €1,000 per day.

II.The amount of the financial penalty may not exceed 30% of the turnover generated by the establishment or the natural or legal person in connection with the distance selling of veterinary medicinal products during the last financial year for which the accounts have been closed, up to a maximum of one million euros.

III. -If at the end of the period of closure of the distance selling site for veterinary medicinal products, the author has not complied with the applicable rules, the administrative authority may order a new closure, under the same conditions.

IV. -Where appropriate, the administrative authority will inform the relevant professional association of the implementation of the procedure provided for in this article.

The administrative authority may decide to publish the decisions to impose financial penalties and temporary suspensions on websites selling veterinary medicinal products online issued under I of this article on its website.

The procedures for applying this article are set by decree in the Conseil d'Etat.

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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