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Article R422-36 of the French Intellectual Property Code

Any partner who receives for valuable consideration or free of charge a right to present a clientele transferred by a third party is obliged to contribute the enjoyment of that right to the company, on condition that the company creates and delivers to the partner the new shares corresponding to this additional contribution.

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Article R422-37 of the French Intellectual Property Code

If the reserves constituted by undistributed profits or capital gains due to the members’ industry so permit, the share capital is periodically increased. The shares created for this purpose are distributed among all the members, including those who have contributed only their industry. However, the Articles of Association may provide for the cases and conditions in which a member may be excluded from the allocation of shares newly created in…

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Article R422-38 of the French Intellectual Property Code

The decision to extend the company must immediately be brought to the attention of the Director General of the Institut national de la propriété industrielle, accompanied either by a copy of the full minutes of the meeting, or by the deed from which the extension results, consisting of one of the originals if this deed is in private agreement, or of a copy if it has been drawn up in…

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Article R422-39 of the French Intellectual Property Code

In the event of amendment of the Articles of Association, a copy of the full minutes of the meeting or the amending deed consisting of one of the originals if it is in private document form, or a copy if it has been drawn up in notarial form, shall be sent within two months to the Director General of the National Institute of Industrial Property and to the President of…

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Article R422-40 of the French Intellectual Property Code

The early dissolution of the company may only be decided by at least three quarters of the members. The provisions of articles 8 to 16 of decree n° 78-704 of 3 July 1978 are applicable. A copy of the deed appointing the liquidator shall be sent by the liquidator to the Director General of the Institut national de la propriété industrielle and to the President of the compagnie des conseils…

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Article R422-40-1 of the French Intellectual Property Code

Members may also practise their profession within another company that does not confer the status of trader on them, in particular a société pluri-professionnelle d’exercice provided for in Title IV bis of the loi n° 90-1258 du 31 décembre 1990 relative à l’exercice sous forme de sociétés des professions libérales soumises à un statut législatif ou réglementaire ou dont le titre est protégé et aux sociétés de participations financières de…

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Article R422-41 of the French Intellectual Property Code

The provisions of this sub-section govern companies formed pursuant to Title I of the Law n° 90-1258 of 31st December 1990 and whose corporate object is the joint practice of the profession of industrial property attorney. These companies are called “sociétés d’exercice libéral de conseils en propriété industrielle” .

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Article R422-42 of the French Intellectual Property Code

Deeds and documents intended for third parties, in particular letters, invoices, advertisements and various publications, emanating from a company for the liberal practice of industrial property attorneys must indicate the company name immediately preceded or followed by the mentions provided for in the first paragraph of Article 2 of the aforementioned Law of 31 December 1990. They must also indicate the address of its registered office, the mention of its…

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Article R422-44 of the French Intellectual Property Code

Holding shares in a company for the liberal practice of industrial property attorneys is prohibited for any person struck off the list of industrial property attorneys or the list of patent attorneys as provided for in l’article 3 du décret n° 76-671 du 13 juillet 1976 modifié relatif à la qualification professionnelle en matière de brevets d’invention et portant organisation et régime disciplinaire de la profession de conseil en brevets…

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Article R422-46 of the French Intellectual Property Code

Companies for the liberal practice of industrial property attorneys are subject to the provisions relating to the obligations, guarantee and discipline applicable to the profession of industrial property attorney. However, the companies may not be subject to disciplinary proceedings independently of those that would be brought against the attorneys associated within these companies practising the profession.

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