Paragraph 1: The person responsible

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R1261-15R1261-16

Article R1261-16

French Public Health CodeIn force
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Updated 5 Nov 2023

I.-The person in charge of the special purpose entity refers programmes and projects it receives to the Ethics, Science and Teaching Committee for its opinion, under the conditions set out in article R. 1261-17.

It may refer to the Committee any question concerning the operation of the special purpose entity.

II.- The person in charge of the special purpose entity may only allow access to the bodies of training or research teams if the programme or project has received a favourable opinion from the committee referred to in I.The person in charge of the body reception facility may only allow training or research teams access to the bodies if the programme or project has received a favourable opinion from the committee mentioned in I.

The person in charge of the body reception facility shall refuse access to the bodies, notwithstanding the favourable opinion issued by the ethics, scientific and pedagogical committee, where applicable in the light of the documents in the file provided for in article R. 1261-21, if he considers that the ethical and conservation guarantees have not been met.

The decision of the head of the body reception structure is notified within one month of transmission of the opinion of the committee mentioned in I to those responsible for the training or research project submitted to it and is final.

When the training or research project provides for the temporary transfer of the body from the authorised establishment to an outside organisation, the head of the body's host structure assesses the need for this transfer, notwithstanding the favourable opinion issued by the ethics, scientific and technical committee, taking into account the organisation of the body's host structure that he/she manages and its ability to meet the needs of the said project. It notes that it is materially impossible to carry out the relevant activities on its premises. The temporary departure of the body is carried out under its responsibility.

III.- In order to report on its activities, the head of the body reception structure submits an annual activity report to the Ethics, Science and Teaching Committee.

After approval by the Ethics, Science and Teaching Committee, this report is sent to the component council to which the body reception structure belongs in scientific, cultural and professional establishments, to the research and training councils and to the board of directors or equivalent bodies.

This report is sent to the ministries responsible for the establishment authorised in accordance with the second paragraph of article L. 1261-1.

Mariela Petrova

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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.

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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.

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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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