Subsection 1: General provisions

Articles in this section · 3

Article R2142-41

French Public Health CodeIn force

Updated 4 Nov 2023

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

1° Incident: an accident or error related to activities involving gametes, germinal tissue or embryos mentioned in 1° of the I of article R. 2142-39, resulting in or likely to result in:

a) An adverse reaction in the persons mentioned in 3° of the I of article R. 2142-39 ;

b) A loss of these gametes, germinal tissues or embryos;

c) A quality or safety defect in these gametes, germ tissue or embryos;

2° Serious incident :

a) Any incident resulting in or likely to result in:

-a serious adverse reaction or an unexpected adverse reaction in the persons mentioned in 3° of the I of article R. 2142-39 ;

-any error in the allocation of gametes, germinal tissue or embryos mentioned in 1° of I of the same article;

-any significant loss of the same elements during medically assisted procreation;

b) Any abnormally high frequency of occurrence of incidents or expected adverse reactions;

c) Any information concerning the donor or the donation, even if discovered incidentally after collection, the consequences of which are likely to entail a risk to the health of persons who have recourse to a donation in the context of medically assisted procreation or who are the offspring of a donation in the context of medically assisted procreation;

d) Any information concerning the person born from a donation, even if discovered by chance, the consequences of which are likely to entail a risk to the health of the donor;

3° Adverse reaction: harmful reaction occurring in the persons mentioned in 3° of the I of article R. 2142-39 related or likely to be related to the gametes, germinal tissue or embryos mentioned in 1° of the I of this same article or to the activities mentioned in 2° of the same I;

4° Serious adverse reaction: an adverse reaction which has resulted in death or which has been life-threatening, disabling or incapacitating, or which has led to, or prolonged, hospitalisation or any other morbid condition;

5° Unexpected adverse reaction: a serious or non-serious adverse reaction, the nature, severity or evolution of which is not expected with regard to the criteria defined by the Agence de la biomédecine under the conditions provided for in 7° of Article R. 2142-43 or taking into account the state of health of the persons mentioned in 3° of I of Article R. 2142-39;

6° Surveillance: the fact that professionals involved in the activities mentioned in 2° of Article R. 2142-39 record all incidents and undesirable effects;

7° Reporting: the fact that professionals involved in the activities mentioned in 2° of article R. 2142-39 inform without delay the local correspondent for the vigilance system in medically assisted procreation of any serious incident or unexpected adverse reaction that they have identified in the context of their surveillance mission; 8° Declaration: the fact that professionals involved in the activities mentioned in 2° of article R. 2142-39 inform without delay the local correspondent for the vigilance system in medically assisted procreation of any serious incident or unexpected adverse reaction that they have identified in the context of their surveillance mission;

8° Declaration: the fact that local correspondents or, where applicable, any healthcare professional involved in the activities mentioned in 2° of Article R. 2142-39, inform the Agence de la biomédecine by means of the declaration mentioned in 9° of Article R. 2142-43 of information relating to serious incidents or unexpected adverse reactions enabling this Agency to implement the provisions set out in 3° and 4° of Article R. 2142-43 and Article R. 2142-44.

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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