Chapter III: Hospital cooperatives of doctors

Sociétés coopératives hospitalières de médecins are professional practice associations whose purpose is to practice medicine jointly as health establishments as defined by articles L. 6111-1 et seq, by pooling the medical activity of its members. They are governed by law no. 47-1775 of 10 September 1947 on the status of cooperatives and are subject to the provisions of this chapter and, insofar as they are not contrary to this chapter,…

Sociétés coopératives hospitalières de médecins must be registered on the roll of the Conseil départemental des médecins (Departmental Council of Doctors) for the place where their registered office is located. Acts and documents issued by the cooperative and intended for third parties, in particular letters, invoices, advertisements and various publications, must legibly state the cooperative’s name, preceded or followed by the words: “société coopérative hospitalière de médecins à capital variable”…

Sociétés coopératives hospitalières de médecins are variable-capital companies set up as limited liability companies, public limited companies or simplified joint-stock companies.

Only the following may be members of a société coopérative hospitalière de médecins: 1° As co-operating members : – self-employed doctors, natural persons, duly registered on the roll of the council of doctors ; – self-employed healthcare professionals who are not doctors and who contribute to achieving the purpose of the cooperative society. The Articles of Association lay down the rules relating to the obligation of each co-operating member to…

Sociétés coopératives hospitalières de médecins may allow non-member third parties to benefit from their services or to participate in carrying out operations within the scope of their objects. This option must be mentioned in the articles of association. This choice of non-member third parties will be made on a complementary basis and in the economic interest of the cooperative and its members. Transactions carried out with non-member third parties are…

The share capital of hospital cooperative societies with non-cooperating members is divided into two fractions distinguishing between the shares of cooperating members and those of non-cooperating members. The capital of sociétés coopératives hospitalières de médecins is represented by registered shares. Their nominal value is uniform. The capital is variable. The capital may not be remunerated, unless expressly provided for in the articles of association, within the framework set by this…

The Board of Directors or the Management Board appoints a salaried director under contract. The salaried director has the right to attend meetings of the Executive Committee, the Board of Directors or, as the case may be, the Management Board or the Supervisory Board, as well as General Meetings. He has authority over the salaried staff. He represents the Board of Directors or the Management Board in dealings with third…

Private health establishments set up in the form of hospital cooperatives of doctors draw up an establishment project as defined in article L. 6143-2. This must be reflected in the internal regulations of the hospital cooperative.

The practice of medicine by the cooperative members constitutes their contribution to the société coopérative de médecins which they form. Whatever the payer, the payment or the method of payment for this medical activity, payments are made to the société coopérative de médecins into a nominative account opened for this purpose. The General Meeting sets the rules for determining the fees paid and the methods of payment, by the said…

The decision duly taken by any company, whatever its form, or any economic interest grouping, to amend its Articles of Association in order to adapt them to the provisions of this chapter does not result in the creation of a new legal entity. In the event of the conversion of a health care institution operating in the form of a commercial company, the conversion decision is subject to compliance with…