Can decisions made in breach of an SAS‘s articles of association be annulled? • Before 15 March 2023, case law constantly answered this question negatively. Drawing on the provisions of Article L. 235-1 paragraph 2 of the French Commercial Code, … Lire plus
Assessment of the conditions for the application of a Pacte Dutreil transfer regime in the case of a joint commercial and real estate rental activity. In its decision of 25 January 2023, the French Court of Cassation (Cass. Com., 25 … Lire plus
Does paying one of the bills addressed to a subsidiary commit a parent company to pay other unpaid bills? Under the patrimonial autonomy of corporations principle, the simple fact that one company controls another does not mean that it can … Lire plus
The transfer of the usufruct of shares does not constitute the transfer of shares. Our Tax team reviews the Court of Cassation’s decision of 30 November 2022. In its decision of November 30th 2022, the French Court of Cassation (Cass. … Lire plus
In its decision of 16 November 2022, the French Conseil d’Etat (Council of State) ruled that the option of conversion into shares of OCAs (convertible bonds) subscribed to by the sole shareholder of a foreign subsidiary does not substantiate a … Lire plus
When a married person becomes a shareholder, their spouse’s rights in respect of their securities vary depending on the type of company. Our Corporate team reviews the different cases, and in particular the last Court of Cassation decision of 21 … Lire plus
On Monday, 26 September, Bruno Le Maire, Minister of the Economy, Finance, and Industrial and Digital Sovereignty, and Gabriel Attal, Minister of Public Accounts, presented the 2023 Finance Bill. Our Tax team reviews the measures individuals and corporations should bear … Lire plus
You must be aware that mentioning a Managing Director (Directeur Général) on the K-bis of a French SAS (Société par Actions Simplifiée) isn’t sufficient for him to be considered as the legal representative of such company! Although the law automatically … Lire plus
On 14 June 2022, the French Conseil d’État sought advice from the Court of Justice of the European Union (CJEU) on the scope of the Steria ruling relative to a complaint lodged in 2014 by two French companies requesting the … Lire plus
A Lyon Court of Appeal judgement of 17 February 2022 has provided interesting clarification regarding preference shares. Our Corporate team reviews this decision. A société par actions simplifiée (joint-stock company) had decided to reduce the preferred dividend right attached to … Lire plus
