French Public Health Code
In forceI.-The Groupement de Coopération Sanitaire is dissolved in the following cases:
1° By decision of the General Meeting, in particular as a result of the achievement or extinction of its purpose. The dissolution of the grouping is notified to the Director General of the Regional Health Agency, who publishes it under the formal conditions laid down in the third paragraph of article R. 6133-1-1 ;
2° Automatically in the cases provided for in the constituent agreement. Where the grouping has a fixed duration, it is dissolved at the end of that duration. It is also dissolved if, as a result of the withdrawal or exclusion of one or more of its members, it has only one member or if it no longer includes a healthcare establishment, unless the grouping constitutes a coordination support mechanism. The dissolution of the grouping is notified to the Director General of the Regional Health Agency, who publishes it under the formal conditions laid down in the third paragraph of Article R. 6133-1-1;
3° By reasoned decision of the Director General of the Regional Health Agency. When it is established that the purpose of the grouping has been defeated, that the general meeting has not met for three financial years or that there has been a serious or repeated failure to comply with the legal and regulatory provisions to which it is subject, the general director of the regional health agency shall notify the grouping of this finding and ask it to make known its observations within one month, together with the corrective measures adopted or envisaged. If there is no response by the end of this period, or if the response is inadequate, the Director General of the Regional Health Agency will send the grouping an injunction to take all necessary steps, together with formal notice to remedy the shortcomings within a specified period. Where the necessary corrective measures fall within the remit of the General Meeting, the grouping's administrator convenes the General Meeting and may then ask the Director General of the regional health agency for additional time to remedy the shortcomings. If it is established at the end of this period that the formal notice has not been complied with, the Director General of the Regional Health Agency will, subject to the provisions of Article L. 6147-15, dissolve the Grouping. The decision to dissolve the Grouping taken by the Director General of the Regional Health Agency shall state the reasons on which it is based and shall be notified to the Grouping and its members. This decision is published in the region's official journal of administrative acts under the formal conditions laid down in the third paragraph of article R. 6133-1-1.
II - The members remain bound by the commitments entered into by the grouping until the health cooperation grouping is dissolved. Dissolution of the Grouping entails its liquidation. The legal personality of the Grouping remains for the purposes of liquidation. In the event of dissolution, all the Grouping's assets and liabilities, as well as its rights and obligations, are distributed among the members in accordance with the rules defined in the founding agreement. The movable and immovable assets made available to the Grouping by a member remain the property of that member.
