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Article R743-37 of the French Commercial code

The following may be contributed to a company: 1° The exercise by a resigning commercial court clerk, a manager of a professional non-trading company or a legal representative of a liberal practice company in the process of being dissolved or by a liquidator of a dissolved company, of the right to present the company as a successor for approval by the Keeper of the Seals, Minister of Justice ; 2°…

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Article R743-38 of the French Commercial code

Subject to the condition precedent provided for in article R. 743-30, the capital securities or company shares allocated as consideration for the contributions in kind are deemed to be paid up by the commitment made in the partnership deed by the contributor either to exercise his right of presentation in favour of the company in the cases referred to in 1° and 2° of article R. 743-37, or, in the…

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Article R743-41 of the French Commercial code

The registration of the company in the Trade and Companies Register is governed by articles R. 123-31 et seq, subject to the following provisions: An ampliation of the appointment order provided for in article R. 743-31 is sent by the partners to the clerk of the court where the application for registration in the Trade and Companies Register was filed; on receipt of this ampliation, the clerk of the court…

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Article R743-42 of the French Commercial code

The legislative or regulatory provisions relating to the swearing in and the lodging of the signature and initials of natural persons appointed to the office of clerk of the commercial court shall apply to the members of a company holding the office of clerk of the commercial court practising within the company and to the associated clerks of the commercial court. The company may not take up office until all…

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Article R743-43 of the French Commercial code

All deliberations are recorded in minutes signed by the members present and containing, in particular, the date and place of the meeting, its detailed agenda, the identity of the members present and represented, a summary of the discussions, the text of the resolutions put to the vote and the results of the votes. The minutes of the shareholders’ deliberations and, where applicable, those of the Board of Directors’ or Supervisory…

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Article R743-43-1 of the French Commercial code

Any proposed transfer of equity securities or shares in a company that is to give rise to the appointment of a commercial court clerk practising within the company, as well as the value of the securities or shares to be transferred, shall be notified to the Minister of Justice by tele-procedure on the website of the Ministry of Justice. The same applies to any proposed increase in the company’s capital…

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Article R743-44 of the French Commercial code

Any agreement by which one of the partners transfers all or part of its capital securities or company shares to a third party, with a view to the latter exercising the profession of commercial court clerk, is entered into subject to the condition precedent of the acceptance of the transferee by the partners, and, if applicable, the approval of the withdrawal of the transferor. When selecting a winner of the…

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