According to order No. 22 of September 11, 1981, under the provisions of articles 28 and 65 of law n° 80-10 of July 14, 1980, regulating the practice of the profession of pharmacist, pharmaceutical companies are associations which, according to their purpose, include exclusively pharmacists.
These companies can be constituted to operate a pharmacy, a wholesale establishment, or a manufacturing establishment.
These companies may be of various types depending on the case:
(1) general partnership ;
(2) limited liability company (SARL)
Pharmacy
Pharmacists may operate one pharmacy and one pharmacy only, either as a general partnership or as a limited liability company.
One of them is personally responsible for the management of the pharmacy. The operation of a pharmacy is incompatible with the exercise of another profession.
All partners can only be pharmacists and are jointly and severally liable to third parties and cannot undertake a parallel activity.
The procedures for applying for an association are subject to the same regulations as for a sole proprietorship and to the regulations in force for the constitution of companies under the commercial system.
Wholesale Establishment
Pharmacists may form a general partnership to operate one or more wholesale establishments.
One or more pharmacists may also operate one or more wholesale establishments.
The direction and management of all these establishments are ensured by the pharmacist(s), who must personally practice their profession to the exclusion of any other activity.
Only the diplomas of the pharmacists in charge of these establishments are committed.
Manufacturing Establishment
Pharmacists may form a partnership or a limited liability company to operate one or more establishments for the manufacture of medicines, cosmetics, or dressings between them and other promoters who aren’t pharmacists.
The direction and management of these establishments are ensured by the pharmacist or pharmacists, who must personally exercise their profession to the exclusion of any other activity.
Only the diplomas of the responsible pharmacists are committed.
In addition to the pharmacist director(s) and manager(s), a pharmacist must be responsible for each department of the manufacturing chain:
– Raw material control
– Manufacturing
– Control of the finished product ;
– Marketing;
– Research;
– Packaging.
Medical Analysis Laboratory Company.
Pharmacist-biologists may operate one or more medical analysis laboratories as a limited liability company.
The management of the laboratory(ies) is assumed by the biologist(s) (pharmacist or medical biologist) who must personally practice their profession to the exclusion of any other activity.
Only the necessary diplomas of the responsible biologists are engaged.
Conditions to Operate
Obtaining a license to open a pharmaceutical company, whether in the form of a dispensary, a wholesale establishment, or a manufacturing and repackaging establishment, is subject to the production of a file including;
– An application on paper stamped at the current rate indicating the place, nature, and name of the pharmaceutical establishment concerned;
– The status of the said establishment;
– The ground plan of the premises of the place of establishment or a copy of the lease contract in lieu thereof;
– The composition, if any, of the board of directors;
– The employment contract(s) with copies of diplomas.
The assistance the pharmaceutical companies remains provided for by the regulations in force.
For all these companies, the conditions of assistantship and replacement are subject to the regulations in force.
In the event of the death of a pharmacist who is a member of a general partnership, the regulations in force for this type of partnership remain applicable.
In the event of the death of a pharmacist in a limited liability company, the capital shares of the deceased pharmacist revert to his heirs or assigns.