Chapter II: Authorisations.

Articles in this section · 20

L6122-1L6122-2L6122-3L6122-4L6122-5L6122-6L6122-7L6122-8L6122-9L6122-9-1L6122-10L6122-10-1L6122-11L6122-12L6122-13L6122-14L6122-14-1L6122-15L6122-20L6122-21

Article L6122-4

French Public Health CodeIn force
Ask for lawyer reviewed or certified translation

Updated 6 Nov 2023

The authorisation is given before the start of the works, the installation of the heavy equipment or the implementation of the planned care activities or alternative care structures.

It is automatically deemed to be an authorisation to operate, subject to a declaration of commencement of activity to the Regional Health Agency and, where applicable, the carrying out of the compliance visit provided for in the third paragraph, followed by a positive result and, unless otherwise stated, authorisation to provide care reimbursable by social security in application of article L. 162-21 of the Social Security Code. In the declaration of commencement of activity, the holder of the authorisation undertakes to ensure that the care activity or the heavy equipment complies with the conditions of the authorisation.

The Director General of the Regional Health Agency may decide that a compliance visit will be carried out within six months of the implementation of the care activities or alternative care structures or the commissioning of the heavy equipment. In this case, it will notify the authorisation holder of its decision within one month of receipt of the declaration of commencement of activity. In the absence of notification within this period, the Director General of the Regional Health Agency is deemed to have waived the right to carry out this visit.

In the event of a change in the premises or in the conditions under which the authorisation is granted, the Director General of the Regional Health Agency may decide that a compliance visit will be carried out under the conditions set out in the previous paragraph.

Failure to comply may give rise to the application of the measures set out in Article L. 6122-13 of this Code. The terms and conditions of the compliance visit are laid down by decree.

Authorisation to provide care reimbursable by the social security system may be refused if the planned price is out of proportion to the operating conditions of the service, having regard to the technical operating conditions laid down in application of article L. 6122-2.

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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