Call Us + 33 1 84 88 31 00

Article R225-163 of the French Commercial code

The expert appointed to present a report on one or more management operations, under the conditions provided for in article L. 225-231, is appointed by the President of the Commercial Court, ruling in summary proceedings, after the Registrar has summoned the Chairman of the Board of Directors or of the Management Board to the hearing by registered letter with acknowledgement of receipt. Where the request for an expert opinion comes…

Read More »

Article R225-164 of the French Commercial code

The Chairman of the Board of Directors or the Management Board shall reply in writing within one month to questions put to it pursuant to Article L. 225-232. Within the same timeframe, it sends a copy of the question and its answer to the statutory auditor.

Read More »

Article D225-164-1 of the French Commercial code

The thresholds mentioned in the second paragraph of Article L. 225-218 relating to the appointment of a statutory auditor are those defined in article D. 221-5. The balance sheet total and the amount of turnover excluding tax are determined in accordance with the fifth and sixth paragraphs of Article D. 123-200. The company is no longer required to appoint a statutory auditor if it has not exceeded the figures set…

Read More »

Article R225-166 of the French Commercial code

In the event that, as a result of losses recorded in the accounting documents, the company’s shareholders’ equity falls below half of the share capital, the decision of the general meeting provided for in the first paragraph of Article L. 225-248 is filed with the clerk of the commercial court of the place of the registered office and entered in the trade and companies register. In addition, it is published…

Read More »

Article R225-166-1 of the French Commercial code

The threshold mentioned in the fourth paragraph of Article L. 225-248 is equal: a) Where the applicable legal and regulatory provisions do not impose a minimum share capital on the company due to its corporate form, to 1% of the total balance sheet of this company, recorded at the last financial year-end; b) Otherwise, to the higher of 1% of the total balance sheet of the company, recorded at the…

Read More »

Article R225-167 of the French Commercial code

Shareholders who, on the basis of the provisions of articles L. 225-251 and L. 225-256, intend to claim compensation from the directors, the Chief Executive Officer or the members of the Management Board for the loss they have personally suffered as a result of the same facts may give one or more of them a mandate to act on their behalf before the civil courts, subject to the following conditions:…

Read More »

Article R225-169 of the French Commercial code

If they represent at least one-twentieth of the share capital, shareholders may, in a common interest, instruct, at their own expense, one or more of them to represent them, in order to support, both as plaintiff and defendant, the corporate action either against the directors, or against the managing director, or against the members of the management board. However, where the company’s capital exceeds 750,000 Euros, the amount of capital…

Read More »

Article R225-170 of the French Commercial code

Where the corporate action is brought by one or more shareholders, acting either individually or under the conditions provided for in Article R. 225-169, the court may only rule if the company has been duly challenged through its legal representatives. The court may appoint an ad hoc agent to represent the company in the proceedings, where there is a conflict of interest between the company and its legal representatives.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.