P-12, r. 5.2 - Regulation respecting the practice of the profession of podiatrist within a partnership or joint-stock company

Section 1 Disposition versions

2016-01-14

1. A podiatrist may carry on professional activities within a partnership or joint-stock company referred to in Chapter VI.3 of the Professional Code (chapter C-26) if the following conditions are met:

(1)  more than 50% of the voting rights attached to the shares or units of the partnership or joint-stock company are held by the following persons or a combination thereof:

(a)  a podiatrist;

(b)  a joint-stock company where 100% of the voting rights attached to the shares are held by a podiatrist;

(c)  a trust where all trustees are podiatrists;

(2)  any other voting rights attached to the shares or units of the partnership or joint-stock company are held by the following persons or a combination thereof;

(a)  a member of a professional order governed by the Professional Code;

(b)  a joint-stock company where 100% of the voting rights attached to the shares are held by a person referred to in subparagraph a;

(c)  a trust where all trustees are persons referred to in subparagraph a;

(3)  in the case of a joint-stock company, all of the non-voting shares are held by the following persons or a combination thereof;

(a)  a podiatrist;

(b)  a member of a professional order governed by the Professional Code;

(c)  a relative, either by direct or indirect line of descent, of a podiatrist referred to in subparagraph a;

(d)  the spouse of a podiatrist holding shares referred to in paragraph 1;

(e)  a partnership, joint-stock company or trust whose units, shares or participation or other rights are held entirely by a person referred to in subparagraph a, b, c or d;

(4)  a majority of the directors of the board of directors of the joint-stock company, the partners or, where applicable, the managers appointed by the partners of the limited liability partnership are podiatrists;

(5)  to constitute a quorum at a meeting of the directors of a partnership or joint-stock company, a majority of the persons present must be podiatrists;

(6)  the conditions set forth in this section are listed in the articles of the joint-stock company or in the contract of the partnership and that those documents also provide that the partnership or joint-stock company is constituted for the purpose of carrying on professional activities;

(7)  the articles of the company or the contract of the partnership must include the conditions to transfer company shares or partnership units in the event of the death, disability, striking off, or bankruptcy of one of a podiatrist.

O.C. 1161-2015, s. 1.