Cal. Code Regs. Tit. 16, § 1343 - Requirements for Professional Corporations
A professional corporation shall comply with the following provisions:
(a) The corporation is
organized and exists pursuant to the general corporation law and is a
professional corporation within the meaning of the Moscone-Knox Professional
Corporations Act (Corporations Code Section
13400 et
seq.).
(b) Each shareholder,
director or officer (except as provided in Section
13403 of
the Corporations Code and Section
2408 of the code) holds a valid
physician's and surgeon's certificate or certificate to practice podiatric
medicine, as the case may be, provided that, a licensed podiatrist,
psychologist, optometrist, physician's assistant, clinical social worker,
marriage, family and child counselor, chiropractor or registered nurse may be a
shareholder, director or officer of a medical corporation so long as such
licensed persons own no more than 49% of the total shares issued by the medical
corporation and the number of licensed persons owning shares in the medical
corporation does not exceed the number of physicians owning shares in such a
corporation, and a licensed physician may be a shareholder, director or officer
of a podiatry corporation so long as such physician owns no more than 49% of
the total shares issued by the podiatry corporation and the number of licensed
physicians owning shares in the podiatry corporation does not exceed the number
of podiatrists owning shares in such a corporation. A physician, psychologist,
optometrist and registered nurse may also be a shareholder, director or officer
in a podiatry corporation subject to the same numerical restrictions.
(c) Each professional employee of the
corporation who will practice medicine, podiatry, psychology, optometry,
clinical social work, marriage, family and child counselling, chiropractic or
nursing, whether or not a director, officer or shareholder, holds a valid
license.
(d) A physician and
surgeon or podiatrist may be a shareholder, officer or director in more than
one professional corporation.
Notes
2. Amendment of subsections (b) and (d) filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).
3. Amendment filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
4. Amendment filed 2-16-84; effective thirtieth day thereafter (Register 84, No. 7).
5. Change without regulatory effect amending subsections (b) and (c) filed 3-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 10).
Note: Authority cited: Sections 2018 and 2412, Business and Professions Code. Reference: Sections 2406 and 2408, Business and Professions Code; Sections 13401, 13401.5, 13403, 13405, 13406 and 13407, Corporations Code.
2. Amendment of subsections (b) and (d) filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).
3. Amendment filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
4. Amendment filed 2-16-84; effective thirtieth day thereafter (Register 84, No. 7).
5. Change without regulatory effect amending subsections (b) and (c) filed 3-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 10).
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