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Article L1521-1 of the French General Code of Local Authorities

Municipalities, départements, regions and their groupings may, within the scope of the powers conferred on them by law, set up local semi-public companies which associate them with one or more private individuals and, where applicable, with other public individuals to carry out development or construction projects, to operate industrial or commercial public services, or for any other activity of general interest; where the purpose of local semi-public companies includes several…

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Article L1522-1 of the French General Code of Local Authorities

The deliberative assemblies of communes, départements, regions and their groupings may, for the purpose of creating local semi-public companies mentioned in Article L. 1521-1, acquire shares or receive, as a fee, contribution shares, issued by these companies. Shareholdings are subject to the following conditions: 1° The company takes the form of a public limited company governed by Book II of the French Commercial Code, subject to the provisions of this…

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Article L1522-3 of the French General Code of Local Authorities

Notwithstanding the provisions of article L224-2 of the French Commercial Code, share capital must be at least equal to 225,000 euros for companies whose purpose is the construction of buildings for residential, office or industrial use, intended for sale or rent, and 150,000 euros for those whose purpose is development.

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Article L1522-4 of the French General Code of Local Authorities

Local authorities and their groupings may, in their capacity as shareholders, take part in changes to the capital or allocate current account contributions from members to local semi-public companies under the conditions defined in article L. 1522-5. These financial contributions are not governed by the provisions of Title I of this Book.

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Article L1522-5 of the French General Code of Local Authorities

The contribution to the members’ current account referred to in the first paragraph of article L. 1522-4 is allocated within the framework of an express agreement between the shareholder local authority or grouping, on the one hand, and the local semi-public company, on the other hand, which stipulates, on pain of nullity: 1° The nature, purpose and duration of the contribution; 2° The amount, the conditions for repayment, possibly remuneration…

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Article L1523-1 of the French General Code of Local Authorities

Local semi-public companies may intervene on behalf of persons who do not participate in their capital. For operations other than the provision of services, this intervention is subject to the condition that these persons first provide all the necessary financing, in the case of private persons, or guarantee all the necessary financing, in the case of public persons ; failing this, these interventions are subject to the prior agreement of…

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Article L1523-3 of the French General Code of Local Authorities

In the event that a local authority, a group of local authorities or another public entity entrusts the study and implementation of a development project to a local semi-public company under a development concession provided for in Article L. 300-4 du Code de l’urbanisme, the concession agreement is drawn up in accordance with the provisions of articles L. 300-4 to L. 300-5-2 of the same code; however, when the contracting…

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Article L1523-4 of the French General Code of Local Authorities

In the event that the company goes into compulsory liquidation, concessions awarded on the basis of article L. 300-4 of the town planning code or public service delegation contracts are automatically terminated and the assets contributed by the latter and included in the scope of the agreement or concession are returned to the territorial authority or grouping free of charge. On pain of nullity, the concession or public service delegation…

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