Article R743-39 of the French Commercial code
November 5, 2023
The capital securities or shares of a company holding an office of clerk of the commercial court may not be pledged or sold at public auction.
The capital securities or shares of a company holding an office of clerk of the commercial court may not be pledged or sold at public auction.
Withdrawal of funds from cash subscriptions shall be made by an agent of the company on proof only of the appointment of the latter to the office of clerk of the commercial court.
The registration of the company in the Trade and Companies Register is governed by articles R. 123-31 et seq, subject to the following provisions: An ampliation of the appointment order provided for in article R. 743-31 is sent by the partners to the clerk of the court where the application for registration in the Trade and Companies Register was filed; on receipt of this ampliation, the clerk of the court…
The legislative or regulatory provisions relating to the swearing in and the lodging of the signature and initials of natural persons appointed to the office of clerk of the commercial court shall apply to the members of a company holding the office of clerk of the commercial court practising within the company and to the associated clerks of the commercial court. The company may not take up office until all…
All deliberations are recorded in minutes signed by the members present and containing, in particular, the date and place of the meeting, its detailed agenda, the identity of the members present and represented, a summary of the discussions, the text of the resolutions put to the vote and the results of the votes. The minutes of the shareholders’ deliberations and, where applicable, those of the Board of Directors’ or Supervisory…
Any proposed transfer of equity securities or shares in a company that is to give rise to the appointment of a commercial court clerk practising within the company, as well as the value of the securities or shares to be transferred, shall be notified to the Minister of Justice by tele-procedure on the website of the Ministry of Justice. The same applies to any proposed increase in the company’s capital…
Any agreement by which one of the partners transfers all or part of its capital securities or company shares to a third party, with a view to the latter exercising the profession of commercial court clerk, is entered into subject to the condition precedent of the acceptance of the transferee by the partners, and, if applicable, the approval of the withdrawal of the transferor. When selecting a winner of the…
Any change in the distribution or number of shares or corporate units held by the members, whether or not they practise the profession whose practice constitutes the corporate purpose of the company, or in the related voting rights, shall be the subject of a declaration to the Minister of Justice, within thirty days, by tele-procedure on the website of the Ministry of Justice, at the request of the company or…
Articles R. 743-44, R. 743-45, R. 743-100 and R. 743-126 also apply to the gratuitous transfer of all or part of its equity securities or shares granted by one of the members.
The number of partners may be increased during the company’s existence, with or without an increase in the share capital. Any new partner intending to work within the company must meet the conditions required to practise as a commercial court clerk and be approved by the Minister of Justice, who appoints him as an associate commercial court clerk.
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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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