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Article L1524-6 of the French General Code of Local Authorities

When a local authority or group of local authorities has granted its guarantee for loans contracted by a local semi-public company, it has the right, provided that it is not a shareholder directly represented on the board of directors or supervisory board, to be represented at the local semi-public company by a special delegate appointed from among its members by the deliberative assembly of the local authority or group. The…

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Article L1524-8 of the French General Code of Local Authorities

By way of derogation from article L. 225-218 of the French Commercial Code, local semi-public companies are required to appoint at least one statutory auditor. This obligation also applies to companies controlled, within the meaning of article L. 233-3 of the same code, by local semi-public companies. In the absence of such an obligation for non-controlled companies, the shareholder local authorities and groupings may make the agreement required pursuant to…

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Article L1525-1 of the French General Code of Local Authorities

The provisions of article L. 1522-1 concerning the majority shareholding of local authorities and their groupings are not applicable: 1° To semi-public companies set up under the Decree-Laws of 5 November and 28 December 1926 and created prior to 8 July 1983, the date of publication of the loi n° 83-597 du 7 juillet 1983 relative aux sociétés d’économie mixte locales, provided they do not change their corporate purpose; 2°…

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Article L1525-3 of the French General Code of Local Authorities

The provisions of this Title shall not apply: 1° To sociétés anonymes d’habitations à loyer modéré and sociétés de crédit immobilier referred to in Articles L. 422-2 and L. 422-4 du code de la construction et de l’habitation, in whose capital participate, pursuant to article L. 431-4 (3°) of the same code, departments or municipalities; 2° Regional or inter-regional finance companies and regional development companies in whose capital, pursuant to…

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Article L1531-1 of the French General Code of Local Authorities

Local authorities and their groupings may create, within the framework of the powers assigned to them by law, local public companies in which they hold all the capital. These companies are competent to carry out development operations within the meaning of the article L. 300-1 of the town planning code, construction operations or to operate industrial or commercial public services or any other activities of general interest. Where the object…

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Article L1541-1 of the French General Code of Local Authorities

I. – Within the scope of its powers other than the exercise of missions of sovereignty, a territorial authority or a group of territorial authorities may create, with at least one economic operator shareholder, selected after a competitive tendering process under the conditions defined in Article L. 1541-2, a single-operations semi-public company. The single-operations semi-public company is set up, for a limited period, on an exclusive basis with a view…

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Article L1541-2 of the French General Code of Local Authorities

I. – Subject to this article, the selection of the economic operator shareholder(s) and the award of the contract to the single-operations semi-public company set up shall be carried out by a single public invitation to tender complying with the procedures applicable to concession contracts or public procurement contracts defined by the Public Procurement Code, depending on the nature of the contract intended to be concluded between the territorial authority…

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Article L1541-3 of the French General Code of Local Authorities

I. – In the event of the transformation, merger or attachment of the shareholding territorial authority of a single-operating semi-public company within another territorial authority or grouping of territorial authorities, the shareholding territorial authority transfers its shares to it, at their nominal value, on the date on which the transformation, merger or attachment becomes enforceable. In the event of the transformation, merger or attachment of the shareholding territorial authority grouping…

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