When the meeting deliberates on the approval of a contribution in kind or the granting of a special benefit, the shares of the contributor or beneficiary are not taken into account for the calculation of the majority. The contributor or beneficiary does not have the right to vote either for himself or as a proxy.
Withdrawal of funds from cash subscriptions may not be made by the company’s agent until the company has been registered in the Trade and Companies Register. If the company is not incorporated within six months of the first deposit of funds or if it is not registered with the Trade and Companies Register within the same period, any subscriber may apply to the courts for the appointment of an agent…
The voting rights and dividend rights of shares or share fractions issued in breach of the provisions relating to the incorporation of public limited companies with a public offer, as set out in this sub-section, are suspended until the situation is rectified. Any vote cast or dividend paid during the suspension period shall be null and void.
The provisions of this subsection do not apply to offers to the public mentioned in 1° or 2° of Article L. 411-2 of the Monetary and Financial Code or article L. 411-2-1 of the same code.
Where no public offer is made, or where a public offer mentioned in 1° or 2° of Article L. 411-2 of the Monetary and Financial Code or article L. 411-2-1 of the same code, the provisions of subsection 1 shall apply, with the exception of articles L. 225-2, L. 225-4, L. 225-7, the second, third and fourth paragraphs of Article L. 225-8 and articles L. 225-9 et L. 225-10.
Payments are evidenced by a certificate from the depositary drawn up, at the time the funds are deposited, on presentation of a list of shareholders showing the sums paid by each of them.
The Articles of Association contain the valuation of the contributions in kind. This is done in the light of a report appended to the Articles of Association and drawn up, under his responsibility, by a contributions auditor. If special benefits are stipulated, the same procedure is followed.
The Articles of Association are signed by the shareholders, either in person or by a proxy holder with special authority, after the custodian’s certificate has been drawn up and after the report provided for in Article L. 225-14.
The first directors or members of the Supervisory Board are designated in the Articles of Association.
The voting rights and dividend rights of shares or share denominations issued in breach of this sub-section are suspended until the situation is rectified. Any vote cast or dividend paid during the suspension period shall be null and void.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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