Section 3: Financial provisions applicable to certain private not-for-profit establishments

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Article R6161-43

French Public Health CodeIn force

Updated 30 Oct 2023

I. - Subject to the provisions of II, the provisions of articles L. 6143-3, L. 6143-4 with the exception of 1°, 2°, eighth paragraph, 3°, tenth paragraph and last paragraph, L. 6145-1, D. 6143-39 with the exception of a of 1°, R. 6145-2 to R. 6145-4, R. 6145-6 to R. 6145-11, R. 6145-12 with the exception of 1°, 4°, 5°, 6° and 7°, R. 6145-13, R. 6145-16, R. 6145-18 to R. 6145-26, R. 6145-28 to R. 6145-30, D. 6145-31, D. 6145-31-1, R. 6145-32, D. 6145-33, D. 6145-34, R. 6145-36, R. 6145-39, R. 6145-40 with the exception of 1°, R. 6145-43, R. 6145-44, R. 6145-45, R. 6145-46 with the exception of the first and last paragraphs, R. 6145-47, R. 6145-65, R. 6145-66, D. 6145-67, D. 6145-68 and R. 6145-69.

II. - For their application to the private health establishments mentioned in I:

1° In article R. 6145-6, the words: "the authorising officer" are replaced by the words: "the director";

2° In the first paragraph of article R. 6145-7, the words: "to the supervisory board" are replaced by the words: "to the decision-making body of the legal entity managing the health care institution or to the body authorised by the bylaws for this purpose";

3° In the first paragraph of Article R. 6145-10, the words "and Article L. 6145-7" are deleted;

4° In 2° of Article R. 6145-13, the reference to Article R. 6145-12 is replaced by the reference to 2° and 3° of Article R. 6145-12;

5° In Article R. 6145-25, the words: ", except for acts performed as part of the self-employed activity of full-time hospital practitioners" are deleted;

6° The second sentence of the fourth paragraph of Article R. 6145-29 is deleted;

7° Article R. 6145-39 is amended as follows :

a) In the first and last paragraphs, the words: "of the supervisory board" are replaced by the words: "of the decision-making body of the legal entity managing the health care institution or of the body authorised by the bylaws for this purpose";

b) In the last paragraph, the words: ", the director and the accountant of the institution" are replaced by the words: "and the director of the institution";

8° Article R. 6145-43 is amended as follows:

a) In the first paragraph, the words: "and the accounting officer in charge jointly draw up" are replaced by the word: "draw up";

b) In the last paragraph, after the words "each of the profit and loss accounts", the words "mentioned in 2° and 3° of Article R. 6145-12," are inserted;

9° Article R. 6145-44 is amended as follows:

a) In the first paragraph, the words "to the supervisory board" are replaced by the words "to the decision-making body of the legal entity managing the health care institution or to the body authorised by the bylaws for this purpose";

b) In 1° and 2°, the words "and the accounting officer" are deleted.

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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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

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15+ Years In Corporate Practice

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