Section 2: Organisation and administration

Articles in this section · 5

Article R6133-26

French Public Health CodeIn force

Updated 31 Oct 2023

I.-The General Meeting of the Groupement de Coopération Sanitaire is competent to settle matters of interest to the Groupement.

The general meeting of the Groupement de Coopération Sanitaire deliberates in particular on :

1° Any amendment to the constituent agreement ;

2° The transfer of the grouping's registered office to any other location in the same region, or to any other region in whose geographical area a health establishment that is a member of the grouping is located;

3° The multiannual contract of objectives and resources provided for in article L. 6114-1 ;

4° The provisional budget;

5° Approval of the accounts for each financial year and the allocation of profits;

6° A report on the activities of the select committee;

7° The grouping's internal rules ;

8° The choice of auditor, if the grouping's accounts are kept and its management carried out in accordance with the rules of private law;

9° Participation in the cooperative actions referred to in Article L. 6134-1 ;

10° The terms under which each of the members undertakes to provide the others with all the information necessary to achieve the purpose of the grouping;

11° The terms and conditions under which the rights of members are set out in the grouping's constituent agreement;

12° The admission of new members;

13° Exclusion of a member;

14° The appointment and dismissal of the director and his deputy;

15° The conditions under which the director may be awarded the mission allowances defined in article R. 6133-29 ;

16° The application for certification provided for in article L. 6113-4 ;

17° Where the grouping is a legal entity governed by public law, the acquisition, disposal or exchange of buildings and their allocation, as well as the terms and conditions of leases of more than eighteen years;

18° The extension or dissolution of the grouping and the measures necessary for its liquidation;

19° The annual activity report and financial accounts submitted to the Director General of the Regional Health Agency;

20° The protocol defining the terms and conditions under which the medical services referred to in the first paragraph of Article L. 6133-6 are provided, and specifying in particular the measures designed to ensure that patients are kept informed and that their care is continuous;

21° Where applicable, the invoicing and payment arrangements for the medical procedures mentioned in the first paragraph of article L. 6133-6;

22° The application for authorisation provided for in article L. 6122-1 to carry out one of the tasks of a health care establishment defined by articles L. 6111-1 to L. 6111-7;

23° The application to use the authorisations for care activities held by one or more of the members of the grouping as provided for in 4° of article L. 6133-1 and, where applicable, the application for authorisation to invoice reimbursable services provided to patients associated with these activities;

24° The conditions under which it delegates some of its powers to the select committee or the administrator.

II - The decisions referred to in 1°, 12°, 22° and 23° of I must be adopted unanimously by the members present or represented. In other matters, unless otherwise stipulated in the constituent agreement, resolutions are adopted if they receive a majority of the votes of the members present or represented.

However, the resolutions referred to in 13° are validly adopted without the representatives of the member whose exclusion is requested being able to take part in the vote, provided that the exclusion measure is adopted by a number of members representing at least half of the rights of the grouping's members.

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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