Subsection 2: Authorisation procedure

Articles in this section · 8

Article R1243-4

French Public Health CodeIn force

Updated 5 Nov 2023

I.-The application for authorisation provided for in Article L. 1243-2 shall be sent to the Director General of the Agence nationale de sécurité du médicament et des produits de santé by the legal entity requesting the authorisation, by any means that provides a date certain of receipt. This application specifies, for each establishment or organisation and, where applicable, for each of the sites of this establishment, the activities for which authorisation is sought and, for each activity, the tissues, their derivatives, the cells or the cell therapy preparations concerned.

II-This application may only be examined if it is accompanied by a supporting dossier, the form and content of which are specified by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé, taken after obtaining the opinion of the Agence de la biomédecine and published on the website of the Agence nationale de sécurité du médicament et des produits de santé.

This file includes :

1° Information on the premises, equipment and materials, staff, procedures and agreements with third parties;

2° Information on the removal of tissues and cells;

3° Information on the preparation process used;

4° Information on the finished product;

5° List of products and materials coming into contact with tissues, their derivatives, cells and cell therapy preparations;

6° Preclinical data, depending on the product which is the subject of the application, as well as clinical data, including the results of clinical trials and the therapeutic indications claimed;

7° Where applicable, information relating to the implementation of the procedures mentioned in Article R. 1243-17 ;

8° Where the application comes from a health establishment, a copy of the letter and the accompanying acknowledgement of receipt, certifying that the Director(s) General of the Regional Health Agency(ies) responsible for the region in which the establishment's sites are located have been informed of the application for authorisation to carry out the activities referred to in Article R. 1243-1, as well as, where applicable, a copy of any letter indicating the Regional Health Agency's observations on the implementation of such activities;

9° Where the establishment or organisation applies for the specific authorisation provided for in I of Article R. 1243-3-1 :

a) A list of the categories of tissues and their derivatives that will be the subject of the planned agreements, the corresponding therapeutic indications and the clinical justification for these agreements;

b) The storage and provision arrangements that will be required, in particular the minimum qualification requirements for the staff involved in these activities within the contracting establishment, as well as the essential conditions relating to the premises, access to them and the equipment;

c) A description of the means implemented to ensure the traceability of the tissues and their derivatives, the storage of which is planned;

d) A model agreement.

III -The application is deemed to be complete if, within one month of receipt, the Director General of the Agence nationale de sécurité du médicament et des produits de santé has not informed the applicant, by any means giving a date certain on receipt, of the information that is missing or incomplete and stating the time limit for providing it.

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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