| 57. | Requirements and conditions for the registration of a close corporation entitled to carry on the business of a pharmacist |
A close corporation duly registered in terms of the Close Corporations Act, 1984, who wants to carry on the business of a pharmacist in terms of the Act, must—
| (1) | appoint and designate a pharmacist as manager of such close corporation; |
| (2) | designate a natural person to act as nominee for such close corporation: provided that such person: |
| (a) | resides in the Republic; |
| (b) | is a member of the close corporation; and |
| (c) | is a pharmacist in the case of a close corporation who wants to carry on the business of a retail pharmacy; and |
| (3) | apply to council for the registration of the close corporation, the nominee and the manager: provided that such close corporation shall not be so registered unless it complies with the provisions of regulation 58. |
| 58. | A close corporation that complies with the requirements of regulation 57 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 close corporation as a close corporation entitled to carry on the business of a pharmacist; |
| (b) | a certified copy of its founding statement with the registration number endorsed thereon in terms of the Close Corporations Act, 1984, and an acknowledgement of receipt thereof by the Registrar of Close Corporations, as well as any amendments thereof in terms of section 15 of the Close Corporations Act, 1984, which complies with regulation 59; |
| (c) | a certified copy of an association agreement entered into in terms of section 44 of the Close Corporations Act, 1984, or a statement if the close corporation has more than one member or alternatively a statement by members and confirmed by the accounting officer of the corporation that section 46 of the Close Corporations Act, 1984, applies and that the prohibition in regulation 59 and 61 and the consequences in terms of regulation 62(d) have been noted; |
| (d) | an undertaking in writing that the close corporation will comply with good pharmacy practice as published by council in rules; |
| (e) | the name of the category of pharmacy in which the close corporation 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. |
| 59. | An applicant in terms of regulation 58, who wishes to carry on the business of a retail pharmacy or any time after its registration carries on the business of a retail pharmacy must include a clause in its association agreement which prohibits the alienation or disposal or transfer in terms of sections 34, 35, 36, 37 or 39 of the Close Corporations Act, 1984, of any member’s interest or any direct or indirect beneficial interest in the close corporation to any person not entitled to carry on the business of a retail pharmacy or derive a direct or indirect financial benefit from conducting such pharmacy business. |
| 60. | Every close corporation that complies with the requirements of these regulations and the provisions of section 22A of the Act must be registered as a close corporation entitled to carry on the business of a pharmacist and be issued with a registration certificate by the registrar, indicating the category of pharmacy in which it may carry on the business of a pharmacist. |
| 61. | The member(s) of a close corporation registered in terms of the Act as being entitled to carry on the business of a retail pharmacy, must not in any manner whatsoever dispose of his, her or its member’s interest or the direct or indirect beneficial interest therein in contravention of the provisions of the clause contemplated in regulation 59. |
| 62. | 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 close corporations entitled to carry on the business of a pharmacist or the register of pharmacy owners, if applicable, the name of a close corporation:
| (1) | who does not comply with any of the provisions of section 22A of the Act; |
| (2) | who contravenes the provisions of regulations 59 and 61; |
| (3) | if the manager fails to accept responsibility for the duties of the manager as prescribed in regulation 25 of the Regulations Relating to the Practice of Pharmacy; |
| (4) | if the close corporation 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 member, the manager or the nominee of such close corporation, as the case may be, has contravened any provision of the Act, |
if, after the close corporation has been given notice in the manner prescribed in regulation 103 of the intention to remove the name of the close corporation from the relevant register and to close such pharmacy business, if applicable, and who 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 103(2) fails to furnish acceptable reasons why its name should not be removed from the relevant register.
| 63. | Any company in respect of whose entry a removal as contemplated in regulation 62 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. |
| 64. | The close corporation 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. |
| 65. | Restoration to the register |
Any close corporation whose registration certificate has been cancelled or withdrawn and whose name has been removed from the register(s) in terms of regulation 62 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 fees; and |
| (3) | furnishing proof to the registrar that the members, manager or nominee 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 close corporation should be restored to the relevant register, the registrar must submit the application to the council for a decision. |
| 66. | In the event of a close corporation registered in terms of the Act carrying on the business of a pharmacist at any time whilst so registered without a manager, then the nominee or failing him or her, then the person who signed the application form in subregulation 58(1)(a) shall be accountable to council for any act performed by or on behalf of the close corporation in question, including any omission to perform any act required to be performed by or on behalf of the close corporation, which may involve disciplinary action by council. |
