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Article L237-28 of the French Commercial code

In the event that the company continues to operate, the liquidator is required to convene a shareholders’ meeting, under the conditions set out in article L. 237-25. Failing this, any interested party may request that the meeting be convened, either by the statutory auditors, the supervisory board or the supervisory body, or by an agent appointed by court order. .

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Article L237-29 of the French Commercial code

Unless otherwise stipulated in the Articles of Association, shareholders’ equity remaining after repayment of the nominal value of the shares or corporate units is divided among the shareholders in the same proportions as their shareholding.

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Article L237-30 of the French Commercial code

Redemption of non-voting preference shares must take place before redemption of ordinary shares. The same applies to a preference dividend that has not been paid in full. A full or partial redemption of ordinary shares may be cancelled before full redemption of non-voting preference shares. Non-voting preferred shares shall have, in proportion to their nominal amount, the same rights as other shares to liquidation surpluses. Any clause contrary to the…

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Article L237-31 of the French Commercial code

Subject to the rights of creditors, the liquidator decides whether to distribute any funds that become available during the liquidation. After unsuccessful formal notice from the liquidator, any interested party may apply to the courts for a ruling on the appropriateness of a distribution during the liquidation. The decision to distribute funds is published in accordance with the procedures laid down by decree in the Conseil d’Etat.

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Article L238-1 of the French Commercial code

Where interested parties cannot obtain the production, communication or transmission of the documents referred to in articles L. 221-7, L. 223-26, L. 225-115, L. 225-116, L. 225-117, L. 225-118, L. 225-129, L. 225-129-5, L. 225-129-6, L. 225-135, L. 225-136, L. 225-138, L. 225-177, L. 225-184, L. 228-69, L. 237-3 and L. 237-26, they may ask the president of the court ruling in summary proceedings either to enjoin the liquidator or…

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Article L238-3 of the French Commercial code

The public prosecutor as well as any interested person may request the president of the competent court ruling in summary proceedings to enjoin, if necessary under penalty, the legal representative of a limited liability company, a public limited company, a public limited company with worker participation, a simplified joint stock company, a European company or a partnership limited by shares to include on all deeds and documents emanating from the…

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Article L238-3-1 of the French Commercial code

Any interested party may apply to the president of the court ruling in summary proceedings for an order, subject to a fine, requiring companies using the acronym “SE” in their company name in breach of the provisions of Article 11 of Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) to change that company name.

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Article L238-4 of the French Commercial code

Any interested party may ask the president of the court ruling in summary proceedings to enjoin, subject to a fine, the chairman of the management and administrative bodies to transcribe the minutes of these meetings in a special register kept at the registered office.

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Article L238-5 of the French Commercial code

Any interested party may ask the president of the court ruling in summary proceedings to enjoin, subject to a fine, the president of the general meeting of shareholders or bondholders to transcribe the minutes of these meetings in a special register kept at the registered office.

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