O-6, r. 8 - Regulation respecting the practice of the profession of dispensing optician within a partnership or a joint-stock company

Section 2 Disposition versions

2012-09-01

2. Dispensing opticians may carry on their professional activities within a partnership or joint-stock company that holds itself out exclusively as a partnership or joint-stock company of dispensing opticians if the following conditions are met:

(1)  more than 50% of the units or shares are held

(a)  by dispensing opticians;

(b)  by legal persons, trusts or other enterprises whose voting rights attached to the units or shares are held entirely by a dispensing optician; or

(c)  by a combination of persons, trusts or other enterprises referred to in subparagraphs a and b;

(2)  a third person may not compel the persons, trusts or other enterprises referred to in subparagraph 1 to redeem the units or shares that it holds in the partnership or company;

(3)  more than 50% of the voting rights attached to the partnership units or company shares are held by persons, trusts or other enterprises referred to in subparagraph 1, and the other voting rights, where applicable, are held

(a)  by optometrists;

(b)  by legal persons, trusts or any other enterprise whose voting rights attached to the units or shares are held entirely by persons referred to in subparagraph a; or

(c)  by a combination of persons, trusts or other enterprises referred to in subparagraphs a and b; and

(4)  more than 50% of the partners or directors appointed by the partners to manage the affairs of the limited liability partnership and the directors of the board of directors of the joint-stock company are dispensing opticians, and the other persons, where applicable, are optometrists.

Dispensing opticians must ensure that the conditions are listed, as the case may be, in the partnership contract, the articles, the shareholders’ agreement or any other document relating to the constitution and operation of the company or partnership.

O.C. 1104-2009, s. 2; O.C. 46-2010.