Section 5: Subsidiaries and equity investments

I.- University hospital centres may create private law subsidiaries within the meaning of article L. 233-1 of the French Commercial Code and acquire direct holdings within the meaning of article L. 233-2 of the same code and indirect holdings within the meaning of article L. 233-4 of the same code in private law companies, provided that their financial situation, assessed with regard to their balance sheet and profit and loss…

University hospital centres may create subsidiaries whose corporate purpose falls within the scope defined by article L. 6145-7 and concerns: 1° Abroad, training, audit, consultancy and participation in the management of health services; 2° The development of research activities and their results; 3° The commercial exploitation of patents and licences; 4° Acquiring a holding in a company whose corporate purpose corresponds to the areas of activity listed in paragraphs 1°…

The shareholdings referred to in Article R. 6145-74 may only be acquired in companies whose corporate purpose is directly related to the activities referred to in Article R. 6145-75.

When the university hospital centre’s supervisory board deliberates on the creation of subsidiaries and the acquisition of direct and indirect shareholdings, the draft resolution submitted to it is accompanied by documents, the list and content of which are specified by an order of the ministers responsible for health and the budget.

I.-As soon as the Director General of the Regional Health Agency is aware of a project to create a subsidiary or to acquire a direct or indirect holding, he will send the documents mentioned in article R. 6145-77 to the Rector of the academic region for his opinion in the case of projects concerning training activities or projects concerning the exploitation of research activities and their results. In French Guyana,…

After approval of the decision referred to in article R. 6145-77, an agreement is signed between the university hospital centre and its subsidiary. This agreement specifies in particular: 1° The contributions of any kind made by the university hospital centre; 2° The provision or possible secondment of staff from the university hospital centre; 3° The operational procedures for control of the subsidiary’s strategy by the university hospital centre; 4° Where…

I.-The director general of the university hospital centre represents the institution on the supervisory boards of its subsidiaries and on the supervisory boards or, failing that, on the administrative bodies of companies in which the institution has a direct holding. He may also appoint one or more natural persons to represent him. II.The legal representative of the subsidiaries and companies in which the university hospital centre has a direct holding…

The University Hospital Centre’s Supervisory Board and the Director General of the Regional Health Agency are informed without delay by the legal representatives mentioned in II of Article R. 6145-80 of any factor likely to have a lasting effect on the University Hospital Centre’s financial and asset situation as a result of the activity of the companies mentioned in Article R. 6145-74. The director of the university hospital centre immediately…