Section 5: Professional non-trading companies set up by professionals covered by Titles I and II of this Book

Articles R. 4381-52 to R. 4381-54 also apply to the free transfer of all or part of a member’s shares by one of the members.

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…

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…

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.

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…

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…

Any application by one or more heirs of a deceased member for the preferential allocation to them of the shares of the deceased member shall be notified to the company and to each of the members in one of the forms provided for in the first paragraph of Article R. 4381-53.

If, on expiry of the period provided for in Article R. 4381-59, the rightful claimants of the deceased member have not exercised their option to transfer their shareholder’s shares and if no prior consent to the preferential allotment has been given by the company, the company has one year to acquire the deceased member’s shares under the conditions provided for in Article R. 4381-54. If the shares are transferred to…

The transfer of shares is publicised in accordance with the provisions of Article 52 of Decree no. 78-704 of 3 July 1978 relating to the application of Law no. 78-9 of 4 January 1978 amending Title IX of Book III of the Civil Code. In the case provided for in the second paragraph of article R. 4381-54, the transfer is publicised by filing, under the same conditions, two copies of…

Within one month, the transferee must inform the Director General of the Regional Health Agency of the transfer.