| 47. |
Requirements and conditions for the registration of a company entitled to carry on the business of a pharmacist |
A company duly registered in terms of the Companies Act, 1973, which wants to carry on the business of a pharmacist in terms of the Act, must—
| (1) |
appoint and designate a pharmacist as managing director of such company; |
| (2) |
designate a natural person to act as nominee for such company: provided that such person: |
| (a) |
resides in the Republic; |
| (b) |
is a director of the company; and |
| (c) |
is a pharmacist and a shareholder in the case of a company who wants to carry on the business of a retail pharmacy; and |
| (3) |
apply to the council, for the registration of the company, the nominee, and the managing director: provided that such company shall not be so registered unless it complies with the provisions of regulation 48. |
| 48. |
A company that complies with the requirements of regulation 47 must— |
| (1) |
submit to the registrar: |
| (a) |
a duly completed application on a form approved and provided by the council for the registration of: |
| (i) |
the company as a company entitled to carry on the business of a pharmacist; |
| (ii) |
the managing director; and |
| (b) |
a certified copy of its certificate of incorporation, memorandum and articles of association in terms of the Companies Act, 1973, which complies with regulation 49, if applicable; |
| (c) |
the latest CM22 and CM29 forms submitted to the Registrar of Companies, an acknowledgement of receipt thereof by the Registrar of Companies and an extract from the register of members kept in terms of section 105 of the Companies Act, 1973; |
| (d) |
an undertaking in writing that the company will comply with good pharmacy practice as published by council in rules; |
| (e) |
the name of the category of pharmacy in which the company wishes to carry on the business of a pharmacist; and |
| (f) |
such other information as may be required by the registrar; and |
| (2) |
pay the registration fees as determined by the council. |
| 49. |
An applicant in terms of regulation 48, who wishes to carry on the business of a retail pharmacy or at any time after its registration carries on the business of a retail pharmacy, must include a clause in its Articles of Association which prohibits the alienation or disposal or transfer of its shares or any direct or indirect beneficial interest in such company to any person not entitled to conduct a retail pharmacy or derive a direct or indirect financial benefit from conducting such pharmacy business. |
| 50. |
Every company that complies with the requirements of these regulations and the provisions of sections 22 and 22A of the Act must be registered as a company entitled to carry on the business of a pharmacist and issued with a registration certificate by the registrar, indicating the category of pharmacy in which it may carry on the business of a pharmacist. |
| 51. |
A shareholder of a company registered in terms of the Act who carries on the business of a retail pharmacy must not in any manner whatsoever, dispose of his, her or its shares or the direct or indirect beneficial interest therein in contravention of the provisions of the Act or the clause contemplated in regulation 49. |
| 52. |
Removal from the register |
Except as provided for in sections 23, 24 and 39 of the Act, the council may direct the registrar to remove from the register of companies entitled to carry on the business of a pharmacist or the register of pharmacy owners, if applicable, the name of a company—
| (1) |
which does not comply with any of the provisions of sections 22 or 22A of the Act; |
| (2) |
which contravenes the provisions of regulations 49 and 51; |
| (3) |
if the managing director fails to accept responsibility for the duties of the managing director as prescribed in regulation 25 of the Regulations Relating to the Practice of Pharmacy; |
| (4) |
if the company fails to comply with good pharmacy practice as published by council in rules; or |
| (5) |
if after an inquiry held in terms of the Act, the council finds that any director, shareholder, the managing director or the nominee of such company, as the case may be, has contravened any provision of the Act, |
if, after the company has been given notice in the manner prescribed in regulation 103 of the intention to remove the name of the company from the relevant register and to close such pharmacy business, if applicable, and which has been afforded an opportunity to furnish the council with written reasons within 14 days after the date upon which the notice is deemed to have been received in terms of subregulation 102(2) fails to furnish acceptable reasons why its name should not be removed from the relevant register.
| 53. |
Any company in respect of whose entry a removal as contemplated in regulation 52 has been made must be notified thereof and any certificate issued in respect of the registration in question shall be deemed to be cancelled from the date on which notice has so been given. |
| 54. |
The company, as from the date on which notice of cancellation or withdrawal is deemed to have been received is not entitled to carry on the business of a pharmacist or allow any services or acts pertaining to the scope of practice of a pharmacist to be performed in its business, if applicable. |
| 55. |
Restoration to the register |
Any company whose registration certificate has been cancelled or withdrawn and whose name has been removed from the register(s) in terms of regulation 52 may be restored to the register by—
(1) submitting to the registrar:
| (a) |
a duly completed application for restoration of its name on a form as approved and provided by council; and |
| (b) |
acceptable documentary evidence that it again complies with the conditions for registration in terms of these regulations; and |
| (2) |
paying the prescribed restoration fee; and |
| (3) |
furnishing proof to the registrar that the director(s), shareholder(s), managing director or nominee, as the case may be, are fit and proper person(s) to own or carry on the business of a pharmacist: provided that if the registrar is not satisfied that the company should be restored to the relevant register, the registrar must submit the application to the council for a decision. |
| 56. |
In the event of a company registered in terms of the Act carrying on the business of a pharmacist at any time whilst so registered without a managing director, then the nominee or failing him or her, then the person who signed the application form in subregulation 48(1)(a), shall be accountable to council for any act performed by or on behalf of the company in question, including any omission to perform any act required to be performed by or on behalf of the company, which may involve disciplinary action by the council. |
Contingency Fees Act, 1997
