Le partage du pouvoir entre associés exploitants et non exploitants d'une société d'exercice libéral par actions simplifiée de biologistes médicaux : le piège de la liberté statutaire face aux exigences de santé publique

The law of December 31st, 1990 creates liberal society and so allows the liberal professionals to exercise their activity in the commercial form in the respect for their ethical rules. One of their main characteristics is to allow the cohabitation, between partners who exercise their profession in the society and those who have a practice somewhere else. A Supreme Court decision, on May 5th, 2009, highlights the concrete difficulties with the dissociation between capital and right to vote, towards the requirements of protection of the public health. In such a context, the disposition of January 13th, 2010 relative to the medical biology tries to reconcile commercial freedom and protection of the rights of the patients. Medical laboratories will have to be managed by a responsible biologist, having a complete professional independence and a right of alert with the Chief Executive Officer of the regional agency of the health. These measures could modify thus the cooperation between partners.