Subsection 5: Psychotropic substances and preparations

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Article R5132-89

French Public Health CodeIn force

Updated 1 Nov 2023

I.- By way of derogation from the provisions of article R. 5132-88, the following shall take the place of authorisation for professional use only:

1° The authorisation issued in application of articles L. 5124-3 or L. 5142-2 ;

2° Registration with the Order of Pharmacists for pharmacists owning a dispensary and pharmacists managing mutualist pharmacies;

3° Registration with the Order of Pharmacists of pharmacists managing an in-house pharmacy authorised in application of article L. 5126-7 ;

4° Registration with the Order of Veterinary Surgeons for veterinary surgeons;

5° The authorisation granted to the Institut Pasteur by article L. 5124-10 ;

6° The authorisation granted by article L. 5143-2 to those in charge of pharmacy at French veterinary schools;

7° The authorisation granted in application of article L. 1221-10 ;

8° The accreditation provided for in article L. 6221-2 for medical biology laboratories;

9° Authorisation from the Director General of the Regional Health Agency issued pursuant to Article L. 4211-3.

II.-The authorisation provided for in article R. 5132-88 is not required for the performance of their duties:

1° The medical biology departments of the armed forces health service ;

2° The French Anti-Doping Agency ;

3° The Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail ;

4° The Agence nationale de sécurité du médicament et des produits de santé (French Agency for the Safety of Medicines and Health Products);

5° The technical and scientific police laboratories, the laboratory of the Institut de Recherche Criminelle de la Gendarmerie Nationale, the laboratories of the joint laboratory services of the Ministries of Consumer Affairs and Customs, the departmental public security directorates of the Ministry of the Interior, the regional legions of the Gendarmerie Nationale, the regional, inter-regional and national directorates of Customs, the air force commands and the general armament directorate of the Ministry of Defence;

6° Pharmacists and veterinary surgeons covered by the provisions of article L. 4138-2 of the Defence Code.

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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