Subsection 1: Vigilance.

Articles in this section · 17

Article R1123-46

French Public Health CodeIn force

Updated 6 Nov 2023

For the purposes of this section, the following definitions shall apply

1° Adverse event, any noxious occurrence in a person who undergoes research involving the human person, whether or not this occurrence is related to the research or to the product to which this research relates;

2° Adverse reaction: any undesirable event occurring in a person who undergoes research involving the human person, when this event is related to the research or to the product to which this research relates;

3° Adverse effect of an investigational medicinal product, any noxious and undesirable reaction to an investigational medicinal product whatever the dose administered. This definition also applies to cell therapy preparations as defined in Article L. 1243-1 ;

4° Undesirable effect of a medical device or an in vitro diagnostic medical device, any noxious and undesired response to a medical device or any incident which could have caused such a response if appropriate action had not been taken, in a person undergoing research or in the user of the medical device or any effect linked to a failure or an alteration of an in vitro diagnostic medical device and harmful to the health of a person undergoing research;

5° Adverse effect of a cosmetic product or a tattoo product, any harmful and undesired reaction occurring with the cosmetic product tested or the tattoo product tested;

6° Serious undesirable effect of a cosmetic product or a tattooing product: any undesirable effect resulting in temporary or permanent functional incapacity, disability, hospitalisation, congenital anomalies, immediate vital risk or death;

7° Serious adverse event or reaction: any adverse event or reaction which results in death, endangers the life of the person undergoing the research, requires hospitalisation or prolongation of hospitalisation, causes significant or lasting disability or handicap, or results in a congenital anomaly or malformation, and in the case of medicinal products, regardless of the dose administered. This definition does not apply to the products mentioned in article R. 1211-29 and to labile blood products;

8° For research involving a medicinal product, unexpected adverse reaction: any adverse reaction to the product whose nature, severity, frequency or course are not consistent with the reference safety information given in the summary of product characteristics or in the investigator's brochure when the product is not authorised;

9° For other research involving the human person, unexpected adverse reaction: any adverse reaction whose nature, severity or course is not consistent with the information relating to the products, procedures performed and methods used during the research;

10° For research involving the products mentioned in I of Article R. 1211-29, with the exception of cell therapy preparations, the definitions mentioned in Article R. 1211-31 apply;

11° For research involving the human person relating to labile blood products, the definitions given in Article R. 1221-23 are applicable;

12° For research involving the human person, new fact: any new data that may lead to a reassessment of the risk-benefit ratio of the research or of the product that is the subject of the research, to changes in the use of this product, in the conduct of the research, or in the documents relating to the research, or to the suspension, interruption or modification of the research protocol or similar research. For trials involving the first administration or use of a health product in people with no medical condition: any serious adverse reaction.

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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