The change in the method of allocation of profits between the shareholders provided for in the company’s by-laws does not constitute a gift insofar as (i) such change can only be made pursuant to a decision of a corporate body, and (ii) the profits earned by the company are considered as having the nature of […]
Article 1843-4 of the French Civil Code stipulates that “In all cases concerning the transfer of a shareholder’s shares or the buyback of such shares by the company, the value of the shares shall be determined, in case of a dispute, by an expert appointed either by the parties or, in the absence of an […]
Introduced by the Law n°92-683 of July 22, 1992 relating to the reform of the general provisions of the French Criminal Code, the criminal liability of legal entities is, under French law, a liability through imputation that requires actions/infringements by natural persons. Indeed, pursuant to Article 121-2 of the French Criminal Code: “legal entities, with […]
Despite its prominence, the issue of how to manage a potential dispute among shareholders or blocks of shareholders during the company’s life is rarely anticipated. Yet, such a situation, quite common nowadays, can have major implications and even entail, in case of paralysis of the business, the dissolution of the company. This is precisely what […]
“Financial dealings between France and foreign countries are unrestricted”: this is the principle enacted in Article L.151-1 of the French Monetary and Financial Code (“FMFC”).
French corporate law has been substantially amended in 2011 following the enactment of the Law n°2011-525 of May 17, 2011 for the Simplification and Improvement of the Quality of Law (the “Law”). In our February 2011 e-newsletter, we outlined the main contemplated measures – that were still being discussed at that time – and underlined […]
Strategic Lawyering