Subsection 3: Preparation of dossiers

Articles in this section · 1

Article R1261-21

French Public Health CodeIn force

Updated 5 Nov 2023

I.-For the activities referred to in 2°, 3°, 4° and 6° of the I of article R. 1261-17, the project sponsor must send the head of the body's host structure a file describing the project by any means that provides a date certain upon receipt.

The file must enable the educational or scientific interest of the project to be assessed. It must include the following documents:

1° A description of the purpose, title and duration of the project;

2° Identification of the persons in charge of and participants in the project, together with their titles and positions;

3° The nature of the teaching activities and research work envisaged, together with information enabling compliance with the relevant legal and regulatory conditions to be ascertained.

In addition, when the project includes a request for temporary removal from the body of the authorised establishment or for segmentation of the body, the project sponsor must justify the need for this removal or segmentation in order to carry out the project described in the application.

II. -The person in charge of the body reception facility will issue an acknowledgement of receipt when the application is complete.

If the application is incomplete, the person in charge will ask for any additional documents or information that he/she deems necessary, by any means that gives a certain date to this request, indicating the deadline for providing this information.

III.- The person in charge will send the application to the ethics, scientific and educational committee, in accordance with I of article R. 1261-16, with, where applicable, the draft agreement provided for in article R. 1261-22. It informs the project sponsor under the conditions set out in II of article R. 1261-16.

IV.-The project sponsor must be able to provide information on the progress of the project at any time, at the request of the head of the body reception facility.

The head of the body reception facility must be informed immediately of any changes to the information contained in the file mentioned in I during the implementation of the project. He may refer these changes to the Ethics, Science and Education Committee for its opinion.

He may suspend or oppose the changes made to the project if the conditions for authorising access to the bodies are no longer met and after the organisation has been invited to present its observations.

Before suspending or prohibiting access to the bodies, the person responsible will give formal notice to the organisation responsible for implementing the project to put an end to its shortcomings or to submit its observations within the time limit set.

The period of suspension may not exceed six months.

V.-If, within six months of notification of the decision provided for in II of article R. 1261-16, the activity referred to in the first paragraph of I of this article has not begun, it may no longer be carried out.

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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