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Article R234-5 of the French Commercial code

In companies other than sociétés anonymes, the request for explanations provided for in Article L. 234-2 concerns any fact that the statutory auditor identifies when examining the documents provided to it or any fact of which it becomes aware during the performance of its duties. This request shall be sent without delay by registered letter with acknowledgement of receipt. The manager responds by registered letter with acknowledgement of receipt within…

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Article R234-6 of the French Commercial code

The invitation to the meeting to deliberate on the facts noted provided for in the second paragraph of Article L. 234-2 shall be sent by the statutory auditor to the executive director, by registered letter with acknowledgement of receipt, within fifteen days of receipt of the executive director’s reply or the expiry of the time limit for the reply. The letter shall be accompanied by the statutory auditor’s special report….

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Article R234-7 of the French Commercial code

When, under the conditions provided for in the last paragraph of Article L. 234-2, the statutory auditor shall inform the president of the court of the steps he has taken; this information shall be sent without delay by registered letter with acknowledgement of receipt. The letter must include a copy of all the documents that are useful for informing the president of the court and a statement of the reasons…

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Article R235-2 of the French Commercial code

The period provided for in Article L. 235-7 is thirty days from the formal notice. The agent responsible for carrying out the publication formality under the conditions provided for in article L. 235-7 is appointed by the president of the commercial court, ruling in summary proceedings.

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Article R235-3 of the French Commercial code

Third-party proceedings against decisions declaring a company null and void are only admissible for a period of six months from the publication of the court decision in the Bulletin officiel des annonces civiles et commerciales.

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Article R236-1 of the French Commercial code

The draft terms of merger are drawn up by the board of directors, the management board or the manager(s) of each of the companies participating in the proposed transaction. It contains the following particulars: 1° The form, name and registered office of all the participating companies; 2° The reasons, aims and conditions of the merger; 3° The designation and valuation of the assets and liabilities that are to be transferred…

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Article R236-3 of the French Commercial code

The insertion provided for in Article R. 236-2 is not required where, for an uninterrupted period beginning no later than thirty days before the date set for the general meeting called to vote on the draft terms of merger or, where the general meeting is not called to vote, before the date on which the competent body decided on the merger, the company publishes the draft terms of merger on…

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Article R236-4 of the French Commercial code

Any joint stock company participating in a merger operation shall make the following documents available to its shareholders at its registered office at least thirty days before the date on which the general meeting or competent body is called upon to vote on the draft terms of merger: 1° The draft terms of merger; 2° Where applicable, the reports referred to in articles L. 236-9 and L. 236-10 when the…

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