Chapter V: Financial organisation.

Articles in this section · 18

Article L6145-16-1

French Public Health CodeIn force

Updated 6 Nov 2023

I.-Public health institutions and their groupings may only take out loans with credit institutions within the following limits and subject to the following conditions:

1° The loan must be denominated in euros ;

2° The interest rate may be fixed or variable;

3° The indexation formula for variable rates must meet the criteria of simplicity or predictability of the financial expenses of public health institutions and their groupings.

II - A financial contract backed by a loan from a credit institution may not have the effect of derogating from I.

IIa.The maximum rate applicable to new loans granted as part of the securitisation of structured loans held by public health institutions is equal to the yield on the assimilable Treasury bond with the maturity closest to the initial average life of the structured loan being renegotiated, recorded on the date on which it was initially granted, plus one hundred and fifty basis points.

The categories of structured loans concerned are determined by the ministers responsible for health, the economy and the budget.

III - A decree sets out the conditions for application of this article, in particular :

1° The indices and index spreads authorised for the variable interest rate indexation clauses mentioned in 2° of I, as well as the maximum rate of change in the interest rate ;

2° The criteria set out in 3° of I;

3° The conditions for application of II.

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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