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More information at: http://www.biocat.cat/en/news/biotechnology-internationalization-china
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More information at: http://www.biocat.cat/en/news/biotechnology-internationalization-china
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Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
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www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
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Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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2. Market and Organization Description
Country Legislative Framework
Description of the Sector (Facts&Figures)
SWOT analysis of the Cooperative movement in the
Pharmacy Sector
Priorities and Strategies
3. 10 Million Habitants
2 800 Pharmacies
698 Para-Pharmacies
7 Full-Line Wholesalers
Full-
(2008)-
Market Value (2008)- 2.822 M. €
Generics Market(2008) - 516 M. €
4.
5.
6. PLURAL
Concentration among Cooperatives
FECOFAR Market Share
Plural
COOPROFAR 9,16% Farbeira, Cofarbel and
COFANOR 8,32% Farcentro merged in 2008
UDIFAR 18,06%
TOTAL 35,54%
UDIFAR
Codifar and União
Farmacêuticos de Portugal
merged in 2009
7. 2.900 10%
Milhões
9,4% 2.822
9%
2.794
2.800
8%
2.700 7%
2.645
6%
2.600 5,6%
2.546
% Growth
5%
4,7%
2.500
4%
3,9%
2.413
3%
2.400
2%
2.300
1%
1,01%
2.200 0%
Y 2004 Y 2005 Y 2006 Y 2007 Y 2008
Ims_2008
Market Growth (%)
Market Value (Million Euros)
8. 2005
Portaria 618-A/2005, 27th July
and Portaria 826/2005, 14th
September:
- 1ª medicine price reduction
and wholesalers commercial
margin reduction
Decreto-Lei 134/2005, 16th
August and Portaria 827/2005,
14th September
- OTC’s out of Pharmacy
9. Portaria 618-A/2005, 27th July and Portaria 826/2005, 14th September
618-
1st medicine price reduction (- 6%)
Wholesaler --- 8% ----------» 7,45%
1st wholesaler commercial margin decrease Pharmacy --- 20% ----------» 19,5%
Decreto-Lei 134/2005,16th August and Portaria 827/2005, 14th September
Decreto-
OTC’s out of Pharmacies
Decreto-Lei 235/2006, 6th de Dezembro
Decreto-
The installation, opening and working of private pharmacies in public
hospitals of our National Health Service. It also defines the rules to
concession by public competition.
These pharmacies are outside the rules of capitation and distance.
They are placed in hospitals that are the main centers of prescription
and they are open 24 hours a day.
This legislation is actually being questioned, in both National and
European courts.
10. Pharmacy New Legal Regime
(Decreto-Lei 307/2007, 31st August and Portarias 1427, 1428, 1429,
1430/2007, 2nd November)
a. Free Pharmacy Ownership
(excluded Industry, Doctors and Wholesalers and limit of 4 pharmacies per
person/company)
b. Medicines over the Internet
(Pharmacys are permitted to sell some medicines from direct requests over the internet)
c. New Services at Pharmacy
d. Geographic Restrictions
(minimum distance between Pharmacies reduced from 500m to just 350m)
e. Population Restrictions
(minimum population to be served per Pharmacy decrease from 4000 to 3500)
11. Portaria 30-B/2007, 5th de Janeiro, art.º 3º, a) e b)
Wholesaler --- 7,45% ----------» 6,87%
2ª medicine price reduction (- 6%)
Pharmacy --- 19,50% ----------» 18,25%
2ª wholesaler commercial margin decrease
Medicines Policy Price
30% reduction on Generics (October 2008)
Generic Market Share: 20%
Generics Price Reduction: - 30%
Global Market Impact: - 6%
GLOBAL MARKET IMPACT: - 6%
13. Chain of Pharmacies
Free Pharmacy Globalization
New Pharmacy Values
Ownership Finantial Crises (Subprime)
14. • Independent Commerce (Pharmacy) • Restricted Access to Capital Factor
• Cooperative loyalty and sense of belonging • Free Pharmacy Ownership
• European Cooperative movement • Legal cooperative model
• Market’s Globalization
Market’
• Market’s Globalization
Market’ • Deregulation of Pharma Sector
• European Cooperative movement/network • Economic Environment (Finantial Crisis)
• International scale • Chain of Pharmacies
• Innovative cooperative legal solutions • New Pharmacy Values
• Pharmacy liberalization
15. Economic & Financial level
Loobing for legal frame changes
Innovative by law solutions
Commercial & Marketing Level
Support Independent Pharmacy and Network of Independent Pharmacies
Operational level
Market Share growth and competitiveness
Markets Globalization (European Network)
16. Thank you very much for your attention
FECOFAR- Federation of Pharmaceutical Distribution Cooperatives
FECOFAR-
Filipa Godinho Farinha
General Secretary
E-mail: fecofar@net.sapo.pt
Phone: (00) 351 21 838 08 65
