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Chapter VII: Offences common to the various forms of commercial company

Article L247-1 of the French Commercial code

I.-It is punishable by two years’ imprisonment and a fine of 9,000 euros for the chairmen, directors, managing directors or managers of any company: 1° Failing to mention in the annual report presented to the shareholders on the operations of the financial year, an acquisition of a holding in a company having its registered office in the territory of the French Republic representing more than one twentieth, one tenth, one…

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Article L247-2 of the French Commercial code

I.-It is punishable by a fine of 18,000 euros for the chairmen, directors, members of the management board, managers or managing directors of legal entities, as well as for natural persons, to refrain from fulfilling the information obligations to which that person is bound, pursuant to Article L. 233-7, as a result of the shareholdings it holds. II.The same penalty shall apply if the chairmen, directors, members of the management…

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Article L247-3 of the French Commercial code

A fine of 18,000 euros shall be imposed on the chairmen, directors, members of the management board, managing directors or managers of companies for contravening the provisions of articles L. 233-29 to L. 233-31. For companies whose shares are admitted to trading on a regulated market, proceedings for infringement of the provisions of Article L. 233-31 are instituted after the opinion of the Autorité des marchés financiers has been sought.

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Article L247-5 of the French Commercial code

Contravening the prohibition on performing the duties of liquidator is punishable by two years’ imprisonment and a fine of 9,000 euros. Anyone convicted pursuant to the preceding paragraph may no longer be employed, in any capacity whatsoever, by the company in which he or she performed the prohibited duties. In the event of a breach of this prohibition, the convicted person and his employer, if the latter had knowledge thereof,…

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Article L247-7 of the French Commercial code

It is punishable by a fine of €150,000 for a liquidator in the judicial liquidation of a company to: 1° Failing to deposit in an account opened in a credit institution in the name of the company in liquidation, within fifteen days of the distribution decision, the sums distributed among the partners and creditors; 2° Failing to deposit at the Caisse des dépôts et consignations, within one year of the…

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Article L247-8 of the French Commercial code

It is punishable by five years’ imprisonment and a fine of 9,000 euros for a liquidator, in bad faith: 1° Making use of the assets or credit of the company in liquidation that he knows to be contrary to its interests, for personal purposes or to favour another company or undertaking in which he is directly or indirectly interested; 2° Disposing of all or part of the assets of the…

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Article L247-9 of the French Commercial code

The penalties provided for in articles L. 247-1 to L. 247-4 for chairmen, managing directors and directors of public limited companies, are applicable, according to their respective powers, to members of the management board and members of the supervisory board of public limited companies governed by the provisions of articles L. 225-57 to L. 225-93.

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