H-4.1, r. 8 - Regulation respecting the practice of the profession of bailiff within a partnership or a joint-stock company

Section 2 Disposition versions

2012-09-01

2. Bailiffs may carry on their professional activities within a partnership or company referred to in the first paragraph of section 1 that holds itself out exclusively as a partnership or joint-stock company of bailiffs if at all times

(1)  the majority of the voting rights attached to the company shares or partnership units are held

(a)  by one or more bailiffs;

(b)  by a joint-stock company where at least 90% of the voting rights attached to the shares are held by one or more bailiffs carrying on their professional activities within the partnership or joint-stock company;

(c)  by a trust where all the trustees are bailiffs carrying on their professional activities within the partnership or joint-stock company; or

(d)  by both persons and trusts referred to in subparagraphs a to c;

(2)  a majority of the directors of the board of directors of the joint-stock company or of the partners or directors appointed by the partners to manage the affairs of the limited liability partnership are bailiffs carrying on their professional activities;

(3)  no partner, director, officer or shareholder of the partnership or joint-stock company assumes responsibilities or performs duties incompatible with the practice of the profession of bailiff, as provided in the Code of ethics of bailiffs (chapter H-4.1 r. 3); and

(4)  to constitute a quorum at a meeting of the board of directors or, as the case may be, the internal management board of the partnership or joint-stock company, the majority of members present who may express themselves are bailiffs.

Bailiffs who are partners, directors, officers or shareholders of the partnership or joint-stock company must ensure that the conditions listed in the first paragraph appear in the articles of the joint-stock company or in the contract of the limited liability partnership and that the documents stipulate that the partnership or joint-stock company is constituted for the purpose of carrying on professional activities.

O.C. 646-2009, s. 2.