42.1. The board of directors of the non-profit legal person must be composed of 13 persons likely, because of their activities and competence, to contribute specifically to the management of a guarantee plan.
Among the 13 persons, 6 are appointed by the members of the non-profit legal person, including 3 identified with building contractors associations representing general contractors in the new residential sector and 3 identified with consumer associations, including at least one representing consumers in the co-ownership sector.
The remaining 7 persons are appointed by the Board, 2 persons who are building professionals, 1 person who is a law professional, 1 person from the financial sector and 3 persons from the government sector.
The building and law professionals and the persons from the financial and government sectors must not have been an officer or in the employment of a construction firm or a building contractors association during the last 3 years. In addition, no member of the board of directors of the non-profit legal person may be in the employment of a contractors’ association, a consumer association or a professional order. A member of the board of directors of the non-profit legal person may not be the director general of the non-profit legal person.
The term of the members of the board of directors is at least 2 years and may be renewed for a maximum of 6 years. At the end of their terms, the directors remain in office until reappointed or replaced.
The board of directors must establish a governance and ethics committee and an audit committee composed of members of the board of directors.