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Book III: Medical auxiliaries, nursing auxiliaries, childcare auxiliaries, ambulance drivers and dental assistants

Article R4381-51 of the French Public Health Code

The remuneration paid on shares representing the contributions provided for in 1° of Article R. 4381-34 may not exceed the rate on securities advances from the Banque de France less two points. The remuneration of shares representing the other contributions provided for in 2°, 3° and 4° of Article R. 4381-34 and shares distributed following a capital increase may not exceed the same rate plus two points. The surplus profits,…

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Article R4381-52 of the French Public Health Code

Company shares are freely transferable between members unless otherwise provided for in the Articles of Association. They may only be transferred to third parties with the consent of the company expressed under the conditions set out in article 19 of law no. 66-879 of 29 November 1966 relating to professional non-trading companies.

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Article R4381-53 of the French Public Health Code

If a shareholder decides to transfer shares to a third party outside the company, the proposed transfer of shares shall be notified to the company and to each of the shareholders either by registered letter with acknowledgement of receipt, or in one of the forms provided for in Article 1690 of the Civil Code. Within two months of the transferor notifying the company of the proposed transfer, the company shall…

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Article R4381-54 of the French Public Health Code

If the company refuses to agree to the transfer, it has a period of six months from the date of notification of its refusal to notify the member, in one of the forms provided for in the first paragraph of Article R. 4381-53, of the proposed transfer or repurchase of his shares, which constitutes a commitment on the part of the transferee or the company. If the price proposed for…

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Article R4381-56 of the French Public Health Code

When a partner intends to withdraw from the company pursuant to article 21 of law no. 66-879 of 29 November 1966 relating to non-trading professional companies, he shall notify the company of his decision in one of the forms provided for in the first paragraph of article R. 4381-53. The company has a period of six months from the date of this notification to notify the member, in the same…

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Article R4381-57 of the French Public Health Code

A member who is definitively banned from practising his profession as a result of a final decision has a period of six months in which to sell his shares under the conditions set out in articles R. 4381-52 to R. 4381-55. This period begins on the date on which the decision becomes final. If no sale has been made by the end of this period, the company shall proceed with…

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Article R4381-58 of the French Public Health Code

Subject to the rules governing the protection and representation of adults subject to a legal protection measure, the provisions of article R. 4381-57 apply to the transfer of the shares of a member who is legally prohibited or subject to a legal protection measure with representation.

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Article R4381-59 of the French Public Health Code

The period provided for by the second paragraph of article 24 of law no. 66-879 of 29 November 1966 relating to professional non-trading companies for the transfer of the shares of a deceased partner is set at one year from the date of the partner’s death. It may be renewed by the Director General of the Regional Health Agency at the request of the heirs of the deceased partner and…

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Article R4381-60 of the French Public Health Code

If, during the period provided for in article R. 4381-59, the successor(ies) decide(s) to transfer their author’s shares to a third party outside the company, this will be done in accordance with the provisions of the second paragraph of article R. 4381-52 and articles R. 4381-53 and R. 4381-54. During the same period, if the company, the surviving members or one or more of them agree, in agreement with the…

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