Part four: Health professions

No more than one quarter of the capital of a société d’exercice libéral de médecins ou de sages-femmes may be held by one or more persons who do not meet the conditions of the first paragraph or of 1° to 5° of article 5 of law no. 90-1258 of 31 December 1990 relating to the practice of the liberal professions in the form of companies. However, where the société d’exercice…

A partner practising within a société d’exercice libéral de médecins, de chirurgiens-dentistes ou de sages-femmes may be excluded : 1° If he is subject to a disciplinary measure resulting in a ban on practising or providing care to insured persons, equal to or greater than three months ; 2° If they contravene the company’s operating rules. This exclusion is decided by the members acting by the enhanced majority provided for…

In the event of a temporary ban on practising or providing care to insured persons, unless excluded by the other members in accordance with the conditions set out in article R. 4113-16, the person concerned retains his rights and obligations as a member, with the exception of remuneration linked to the exercise of his professional activity.

The partnership is subject to the disciplinary provisions applicable to the profession. It may not be subject to disciplinary proceedings independently of those brought against one or more partners practising within it. A decision to disqualify one or more partners, but not all of them, does not constitute a decision to appoint an administrator. A decision to ban either the company or all the members shall appoint one or more…

A member may, on condition that he informs the company by registered letter with acknowledgement of receipt, cease the professional activity that he carries out within the company. He must comply with the deadline set by the Articles of Association, which may not exceed six months from the date of notification of the transfer of activity. He must notify the Conseil départemental de l’ordre of his decision.

The company, like the partners themselves, is subject to all the laws and regulations governing the profession’s relationship with the health insurance scheme.

When the health insurance funds have decided to exclude one or more members practising within the company from the agreement provided for in articles L. 162-5 or L. 162-9 of the Social Security Code, for breach of the undertakings provided for therein, one or more members practising their profession within the company and these members do not withdraw from the company, and if the other members fail, under the conditions…