COMMERCIAL LAW

Guide to Setting Up a Medical Private Company (IKE): The Steps, GEMI and the Two Approval Routes through the Medical Association

Guide to Setting Up a Medical Private Company (IKE): The Steps, GEMI and the Two Approval Routes through the Medical Association

Establishing a Private Capital Company (IKE) with the purpose of providing medical services presents significant particularities compared to ordinary commercial companies. The applicable legal framework (P.D. 84/2001, as codified by Law 5041/2023) requires the company’s articles of association to be reviewed by the competent Medical Association, in order to ensure compliance with medical ethics.

In everyday legal practice, the Athens Medical Association (ISA) separates the procedure into two completely different routes, depending on whether the company will have a physical seat/medical office or whether it will provide services outside its premises.

ROUTE A: Setting Up a Medical Company WITHOUT Operating a Medical Office (Providing Services to Third Parties)

This route concerns doctors who set up an IKE in order to provide their services outside the company’s premises (e.g. as external associates in contracted private clinics, diagnostic centres or hospitals).

  • The Procedure: This is a formal, very fast and same-day approval. The draft articles of association are submitted digitally and are examined exclusively by the Legal Department of the ISA.
  • The Key to Success: The purpose stated in the articles of association must explicitly and restrictively provide that the company offers medical services “exclusively to third-party healthcare providers”. For this purpose, the ISA provides a special Application for approval of a company operating outside premises.
  • After Incorporation: No further action is required. Since the company does not have its own medical facilities, its involvement with the Medical Association is concluded with the approval of the articles of association. No filing of a dossier is required after GEMI, nor any issuance of an operating licence.

ROUTE B: Setting Up a Medical Company WITH the Operation of a Medical Office / Polyclinic (Primary Healthcare Provider)

When the IKE is established in order to house an autonomous Private Provider of Primary Healthcare Services (a medical office, co-location of doctors, or polyclinic), the procedure is clearly more complex and stricter.

  • The Procedure: The articles of association are not simply reviewed by the Legal Department, but require a formal approval decision by the Board of Directors (BoD) of the Medical Association.
  • After Incorporation: The stage of licensing the premises follows mandatorily. After completion at GEMI, the lawyer files a complete dossier with urban-planning diagrams, lease agreements and certificates, in order for an on-site inspection to be carried out and the final Operating Certificate to be issued.

The 3 Steps to Complete the Incorporation (Route A)

For the flexible form of the Medical IKE providing services to third parties, the workflow for the legal representative is extremely simple:

  1. Pre-approval of the Articles of Association by the Legal Department

The draft articles of association are submitted to the ISA through the special contact form. The Legal Department checks the compatibility of the terms with medical ethics and issues the approval the same day.

  1. Digital Incorporation through e-YMS (GEMI)

The incorporation is carried out 100% digitally through the e-YMS platform of GEMI. When completing the details, the lawyer attaches the digital approval received from the Medical Association in the field for the required licences/pre-approvals.

  1. Automatic Issuance of the Tax Number (AFM) and Operation

Upon finalisation of the incorporation by the One-Stop Service of GEMI:

  • The GEMI number and the company’s tax number (AFM) are automatically issued by the AADE (Independent Authority for Public Revenue).
  • The TAXISnet credentials of the legal entity are automatically created.
  • The company is now active, legal and ready to enter into contracts and to invoice the clinics or hospitals with which it cooperates.

Do You Need Guidance for Your Own Medical Company?

Choosing the right route and the precise wording of the purpose in the articles of association protect your investment from unnecessary delays. Our office handles the management of the entire procedure, offering prompt and reliable legal support.