Subsection 2: Authorisation procedure

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Article R1243-11

French Public Health CodeIn force

Updated 5 Nov 2023

Any establishment or organisation benefiting from the authorisation referred to in Article R. 1243-6 must have put in place agreements or procedures with another establishment or other establishments or organisations authorised under this same article, guaranteeing that in the event of interruption or cessation of activity, the tissues, their derivatives, the cells or the cell therapy preparations are transferred there.

By way of derogation from the first paragraph, when the establishments prepare tissues or their derivatives or cell therapy preparations intended to be used in research mentioned in Article L. 1121-1 and they interrupt or cease their activity, the sponsor of this research may either terminate or continue it. If he decides to continue, he shall put in place agreements or procedures to transfer the tissues, their derivatives, the cells or the cell therapy preparations to another establishment or other establishments or organisations. It shall inform the Director General of the Agence nationale de sécurité du médicament et des produits de santé either that the research has been discontinued or of the name of the establishment or body to which the tissues, their derivatives, the cells or the cell therapy preparations are transferred.

By way of derogation from the first paragraph, in the event of interruption or cessation of activity, establishments authorised under article R. 1243-3 transfer unused tissues or their derivatives or cell therapy preparations to the establishments or organisations which have transferred them to them, provided that the latter are authorised for storage and distribution activities.

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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