French Public Health Code
In forceA partner practising within a société d'exercice libéral de médecins, de chirurgiens-dentistes ou de sages-femmes may be excluded :
1° If he is subject to a disciplinary measure resulting in a ban on practising or providing care to insured persons, equal to or greater than three months ;
2° If they contravene the company's operating rules.
This exclusion is decided by the members acting by the enhanced majority provided for in the Articles of Association, calculated by excluding, in addition to the person concerned, the members who have been sanctioned for the same acts or for related acts, the unanimous decision of the other members practising within the company and entitled to decide on the matter must be obtained.
No exclusion decision may be taken if the member has not been duly convened to the General Meeting, at least fifteen days before the scheduled date and by registered letter with acknowledgement of receipt, and if he has not been given the opportunity to present his defence on the precise facts of which he is accused.
The shares of the excluded partner are either purchased by a buyer approved by the remaining partners, or purchased by the company, which must then reduce its capital.
If no agreement can be reached on the sale price of the shares or their repurchase value, the procedure set out in
Article 1843-4 of the French CivilCode is used.
