Section 2: Operation by a société civile professionnelle (non-trading professional partnership)

Subject to the rules governing the protection and representation of adults subject to a legal protection measure, the provisions of article R. 6223-30 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 in 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 death of the partner. It may be renewed by the Director General of the Regional Health Agency at the request of the heirs of the deceased partner and with…

If, during the period provided for in article R. 6223-32, the successor(ies) decide(s) to transfer their deceased partner’s shares to a third party outside the company, the procedure shall be in accordance with the provisions of articles R. 6223-26 and R. 6223-27. During the same period, if the company, the surviving members or one or more of them agree, in agreement with the successor(s) of the deceased member(s), to acquire…

An 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 by any means that provides proof of the date of receipt.

If, on expiry of the period provided for in article R. 6223-33, 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 or have them acquired, under the conditions provided for in article R. 6223-27. If the…

At the request of the transferee, a copy of the deed of transfer of the company shares, if it is drawn up by private agreement, or a copy of this deed if it is drawn up in the form of a notarised deed, is filed with the Trade and Companies Register in which the company is registered. Where the transferor, in the case provided for in article R. 6223-27, has…

Within one month of the transfer, the transferee must send a copy or a certified true copy of the deed of transfer to the president of the Association Council to which he belongs. Within the same time limit, he must inform the Director General of the Regional Health Agency and, where applicable, the councils of the Association to which the other members belong, of the transfer.