Section 2: Creation, transformation and abolition of public health establishments.

Articles in this section · 4

Article R6141-13

French Public Health CodeIn force

Updated 31 Oct 2023

I.-The director responsible for setting up the new establishment will, before the date set for the creation of this establishment, set up its medical committee, its technical committee and its nursing, rehabilitation and medico-technical service committee with a view to forming the supervisory board of the future establishment that is to result from the transformation.

All staff of the establishments concerned by the creation or transformation who meet the conditions laid down for this purpose on the date of the election or appointment are eligible to vote or to be appointed to the above-mentioned bodies of the future establishment.

II - For the constitution of the establishment's technical committee:

1° The trade union organisations which are representative in each of the establishments concerned by the transformation are entitled to present lists of candidates;

2° The number of staff taken into account for the calculation of the number of staff representatives to be elected is that which results from the total number of staff in the establishments concerned on 31st March of the year preceding the creation of the new establishment.

As soon as the results of the elections to the establishment's technical committee have been announced, the trade union organisations propose the names of the staff representatives on the supervisory board as provided for in articles R. 6143-2 and R. 6143-3.

III - For the constitution of the establishment medical committee and the nursing, rehabilitation and medico-technical service committee of the future establishment, the internal regulations of the establishments concerned by the transformation determine the composition of these bodies in identical terms.

As soon as they have been set up, the establishment's medical committee and the nursing, rehabilitation and medico-technical service committee hold the elections required to appoint their respective representatives to the supervisory board under the conditions set out in 2° and 3° of article R. 6143-4. The representatives thus appointed are appointed for a period not exceeding twenty-four months, pending the formation of the Management Board and the Supervisory Board.

IV - The term of office of the members of the above-mentioned bodies only begins to run from the date of creation of the new establishment or its transformation.

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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