Section 1: Scope and definitions

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Article R5124-4

French Public Health CodeIn force
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Updated 2 Nov 2023

Manufacturers, importers, operators, stockists, wholesaler-distributors, wholesale distributors of pharmaceutical products other than medicinal products, wholesale distributors of medicinal plants, distributors of gases for medical use, wholesale distributors of products necessary for the protection of the population against serious health threats and wholesale distributors of the armed forces health service may export outside the national territory the medicinal products or products that they sell, transfer free of charge or distribute, with the exception of advanced therapy medicinal products prepared on an ad hoc basis mentioned in 17° of article L. 5121-1 which are not used in the context of research mentioned in the first paragraph of article L. 1121-1.

Exports by these companies or organisations, as well as by wholesale export distributors, to other Member States of the European Community or parties to the Agreement on the European Economic Area may only be intended for natural or legal persons authorised to carry out similar activities or authorised to dispense the medicinal products or products concerned in these States. When these exports take place to countries outside the European Union or not party to the Agreement on the European Economic Area, they may only be intended for persons authorised or entitled to receive the medicinal products with a view to wholesale distribution or dispensing to the public in these countries.

Medicinal products or products received directly from countries outside the European Union or not party to the Agreement on the European Economic Area, without being imported, may only be obtained from persons authorised or entitled to supply medicinal products, in accordance with the legal and administrative provisions in force in the third country concerned.

The documents attesting to the authorisation or entitlement to supply or dispense medicinal products or to receive them for wholesale distribution from the persons located in a third country mentioned in the previous paragraphs are kept at the disposal of the Director General of the Agence nationale de sécurité du médicament et des produits de santé.

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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