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The directors of several mutual health

In accordance with the Code of Mutuality, mutual health are administered by a board composed of directors elected by secret ballot by members of the general assembly under the conditions set by the bylaws, among the participating members aged eighteen years of age and honorary members. Therefore, the question arises on whether an administrator can flat on the board of several mutual health. Indeed, this issue is very interesting because it raises the question of the independence of directors of a mutual health. In this sense, it is to evoke the provisions of Article L114-23 of the Code of Mutuality.

Yet surprisingly enough, it emerges that a person can manage multiple mutual health. Indeed, one person can belong simultaneously to more than five boards of mutuals, unions and federations. In addition, the chairman of the board of directors of a mutual health can perform simultaneously, in addition to his term as president, four directorships, including not more than two terms as chairman of the board of directors of a federation or a union or mutual. In this respect in the calculation of terms as President of mutual health are not taken into account those held in mutual or unions established under section L. 111-3 and L. 111-4 of the Code of Mutuality. Also in the calculation of the mandates are not included those held in mutual health unions or mutual health created pursuant to Articles L. 111-3 and L. 111-4 of the Code of Mutuality. Finally, any person who, when accessing a new mandate, is in breach of the foregoing, shall, within three months of his appointment, to resign one of its mandates. At the end of that period, it is deemed to have resigned his directorship of the latest mutual health, without either, thus questioning the validity of the deliberations in which it participated.

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