Subsection 1: Formation with a public offer other than one of those mentioned in 1° or 2° of Article L. 411-2 of the Monetary and Financial Code or in Article L. 411-2-1 of the Monetary and Financial Code.

Withdrawal of funds from cash subscriptions may not be made by the company’s agent until the company has been registered in the Trade and Companies Register. If the company is not incorporated within six months of the first deposit of funds or if it is not registered with the Trade and Companies Register within the same period, any subscriber may apply to the courts for the appointment of an agent…

The voting rights and dividend rights of shares or share fractions issued in breach of the provisions relating to the incorporation of public limited companies with a public offer, as set out in this sub-section, are suspended until the situation is rectified. Any vote cast or dividend paid during the suspension period shall be null and void.

The provisions of this subsection do not apply to offers to the public mentioned in 1° or 2° of Article L. 411-2 of the Monetary and Financial Code or article L. 411-2-1 of the same code.