21.4. An enterprise is ineligible for public contracts if it does not hold an authorization to contract under Division III and is in any of the following situations:(1) it is found guilty, by a final judgment, of an offence listed in Schedule I;
(2) it is an associate of a person found guilty, by a final judgment, of an offence listed in Schedule I; or
(3) it is a legal person controlled by an enterprise that becomes ineligible for public contracts under subparagraph 1 or following a decision by the Authority under Division III or IV, unless such ineligibility results from a temporary registration in the register of enterprises ineligible for public contracts under the third paragraph of section 21.48.4.
For the purposes of subparagraph 2 of the first paragraph, if an enterprise is a legal person, it is an associate of the natural person who is its majority shareholder. An enterprise is also an associate of any person acting within the enterprise as a director, a partner or otherwise as an officer, but, in those cases, only if the offence under that subparagraph was committed in the exercise of the functions of the person within the enterprise. A person referred to in this paragraph, other than the enterprise itself, is hereinafter designated as an “associate”.
For the purposes of subparagraph 3 of the first paragraph, an enterprise is controlled by the enterprise that is its majority shareholder.
For the purposes of this chapter, the majority shareholder is the shareholder that holds shares of a legal person’s capital stock that confer 50% or more of the voting rights that may be exercised under any circumstances.
2011, c. 17, s. 49; 2017, c. 272017, c. 27, s. 1041; 2022, c. 182022, c. 18, s. 101.