Subsection 2: Operation of hospital foundations

Articles in this section · 6

Article R6141-58

French Public Health CodeIn force

Updated 31 Oct 2023

The Board of Directors :

1° Deliberates on the Foundation's research support policy;

2° Approves the Foundation's work programme and the guidelines for its annual activities;

3° Vote on the statement of estimated income and expenditure, the annual accounts and the allocation of profits;

4° Accepts gifts and bequests and authorises, apart from day-to-day management, the management of the funds making up the endowment, the acquisition and disposal of movable and immovable property, contracts, leases and rental agreements, the creation of mortgages and loans as well as sureties and guarantees granted in the name of the Foundation;

5° Determines the number of staff authorised by category of personnel;

6° On the recommendation of the Director, appoints the Foundation's auditor and his or her alternate, chosen from the list referred to in I of Article L. 822-1 of the French Commercial Code;

7° Deliberates on any amendments to the Articles of Association;

8° Examines the annual report presented by the Director;

9° Adopt, on the Director's proposal, the by-laws.

It may grant the Director a permanent delegation of powers to ensure the smooth running of the Foundation, under conditions that it shall determine and on condition that the Director reports to it at each meeting of the Board of Directors. This delegation may only concern urgent amendments to the statement of estimated income and expenditure and, below a threshold set by the Board of Directors, the conclusion of contracts, leases and rental agreements and the acceptance of sureties and guarantees granted in the name of the Foundation.

Mariela Petrova

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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.

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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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