Subsection 3: Société d'exercice libéral de pharmaciens d'officine.

The provisions of articles R. 5125-15 to R. 5125-24 govern companies formed pursuant to Title I of law no. 90-1258 of 31st December 1990 relating to the practice in the form of companies of liberal professions subject to legislative or regulatory status or whose title is protected, and whose corporate purpose is the joint practice of the profession of dispensing pharmacist. These companies are called “sociétés d’exercice libéral de pharmaciens…

A société d’exercice libéral de pharmaciens d’officine is formed subject to the condition precedent that it is entered on the roll of the ordre under the conditions set out in articles R. 4222-1 et seq. In the event of the formation of a société d’exercice libéral by way of merger or demerger or resulting from a change in the legal form of the company, it is subject to the provisions…

The legal representative of the company shall notify the president of the competent council of the Ordre des pharmaciens, by any means that provides proof of its date of receipt and within one month of the date on which it occurs, of any change in the situation declared in application of article R. 4222-3, enclosing supporting documents. Subject to II of article 5 of law no. 90-1258 of 31 December…

A private practice company may not operate more than one pharmacy.

Subject to the provisions of article R. 5125-12, a pharmacist who is a partner in one or more private companies operating a pharmacy may only practise his profession within the company operating the pharmacy of which he is a partner.

A full pharmacist may only hold direct or indirect shareholdings in four sociétés d’exercice libéral de pharmaciens d’officine other than the one within which he practises. Subject to the ceiling set by article L. 5125-17-1, an assistant pharmacist of a pharmacy may only hold direct shareholdings in the private practice company of dispensing pharmacists within which he works on an exclusive basis and indirect shareholdings in four private practice companies…

2° of I of article 6 of law no. 90-1258 of 31 December 1990 relating to the practice in the form of companies of liberal professions subject to a legislative or regulatory status or whose title is protected and to companies for the financial participation of liberal professions is not applicable to sociétés d’exercice libéral de pharmaciens d’officine. More than half of the share capital and voting rights of a…

The direct or indirect holding of shares representing all or part of the share capital of a société d’exercice libéral de pharmaciens d’officine by a natural or legal person practising a liberal health profession other than that of a pharmacist is prohibited.

Registration of the company in the Trade and Companies Register is governed by articles R. 123-31 et seq. of the Commercial Code, subject to the following provisions. The joint representative appointed by the partners sends a copy of the application for registration with the professional body provided for in article R. 4222-3 and, where applicable, the decision of the relevant professional body council referred to in article L. 4222-4 to…

I. – A partner who is a full pharmacist practising within a “société d’exercice libéral” may cease this professional activity, provided that he informs the company and the relevant “conseil de l’ordre” by registered letter with acknowledgement of receipt. The period set for this purpose in the articles of association may not exceed six months from the date of notification of cessation of activity. The shares or corporate units of…