A-21, r. 9.1 - Regulation respecting the practice of the profession of architect within a partnership or a joint-stock company

Section 1 Disposition versions

2012-09-01

1. Architects may carry on their professional activities within a joint-stock company or a limited liability partnership within the meaning of Chapter VI.3 of the Professional Code (chapter C-26) if

(1)  more than 50% of the voting rights attached to the company shares or partnership units are held

(a)  by architects;

(b)  by legal persons, trusts or any other enterprise if the voting rights attached to the shares or units are held exclusively by architects; or

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

(2)  no manufacturer or wholesaler of materials and no person holding a majority of the shares of such a manufacturer or wholesaler holds shares or units of the partnership or joint-stock company;

(3)  the majority of the directors of the board of directors of the joint-stock company or the directors of the limited liability partnership are architects. To constitute a quorum at a meeting of the directors of a partnership or joint-stock company, a majority of the directors present to act on its behalf must be architects;

(4)  the chair of the board of directors of the joint-stock company or the person exercising similar functions in a limited liability partnership is an architect and, as the case may be, a shareholder with voting rights or a partner; and

(5)  only an architect is granted, by agreement or proxy, the voting right attached to a share or unit held by an architect or a legal person, a trust or any other enterprise referred to in subparagraph b of paragraph 1.

Architects 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 purposes of professional activities.

O.C. 528-2012, s. 1.