Call Us + 33 1 84 88 31 00

Article L228-29-8 of the French Commercial code

No new securities may be issued pursuant to the articles of this section with the exception of those issued pursuant to decisions of general meetings prior to the entry into force of the ordonnance n° 2004-604 du 24 juin 2004 portant réforme du régime des valeurs mobilières émises par les sociétés commerciales et extension à l’outre-mer de dispositions ayant modifié la législation commerciale.

Read More »

Article L228-29-9 of the French Commercial code

Holders of securities governed by this section have, except where Article L. 225-138, a pre-emptive right to subscribe for the preference shares referred to in article L. 228-11 when these confer rights equivalent to those of the securities they own. Holders of securities governed by this section have, except where Article L. 225-138 applies, a preferential right to subscribe for the securities referred to in Article L. 228-91 when these…

Read More »

Article L228-29-10 of the French Commercial code

For the calculation of the ratios provided for in article L. 228-11, existing non-voting preference shares and investment certificates are taken into account. However, the application of the provisions of the preceding paragraph shall not prevent the rights of holders of existing shares from being maintained.

Read More »

Article L228-30 of the French Commercial code

The Extraordinary General Meeting of a société par actions, or in companies which do not have one, the body which takes its place, may decide, on the basis of the report of the Board of Directors or the Management Board, as the case may be, and that of the statutory auditors, to create, in a proportion which may not exceed one quarter of the share capital, of investment certificates representing…

Read More »

Article L228-31 of the French Commercial code

The Extraordinary General Meeting of a company whose shares are admitted to trading on a regulated market and whose existing investment certificates represent no more than 1% of the share capital may decide, on the basis of the report of the Board of Directors, to reconstitute the existing certificates in shares, and to reconstitute the existing certificates with special benefits in shares conferring the same benefits on their holders. The…

Read More »

Article L228-33 of the French Commercial code

In the event of a free distribution of shares, new preference shares without voting rights and with the same rights as the investment certificates must be created and delivered free of charge to the owners of the old certificates, in the proportion of the number of new shares allocated to the old shares, unless they waive their right in favour of all or some of the holders.

Read More »

Article L228-34 of the French Commercial code

In the event of a capital increase for cash, with the exception of that reserved for employees on the basis of article L. 225-138-1, new preference shares without voting rights and with the same rights as the investment certificates are issued in such numbers that the proportion that existed before the increase between ordinary shares and investment certificates is maintained, taking into account these preference shares, after the increase on…

Read More »

Article L228-35 of the French Commercial code

In the event of an issue of bonds convertible into shares, the holders of the investment certificates shall have, in proportion to the number of shares they own, a preferential right to their irreducible subscription. Their special meeting, convened and ruling in accordance with the rules of the extraordinary general meeting of shareholders, may waive this right. These bonds may only be converted into non-voting preference shares with the same…

Read More »

Article L228-35-1 of the French Commercial code

When the company is formed or during its existence, priority shares may be created which enjoy advantages over all other shares, subject to the provisions of articles L. 225-122 to L. 225-125. As an exception to article L. 225-99, the articles of association or the issue contract may provide that the decision by the Extraordinary General Meeting to convert preference shares into ordinary shares shall not be binding on the…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.