Subsection 7: Invalidity.

Without prejudice to the provisions of articles R. 322-106-1, R. 322-117, R. 322-124 and R. 322-159, any company referred to in this section formed in breach of articles R. 322-46 to R. 322-64 shall be null and void. However, neither the company nor the members may rely on the aforementioned nullities vis-à-vis third parties acting in good faith.

Where the company is thus annulled, the founders to whom the nullity is attributable and the directors or members of the Management Board in office at the time the nullity was incurred shall be jointly and severally liable to third parties and to the members for the loss or damage resulting from such annulment. If, in order to cover the nullity, a General Meeting has to be convened, the action…

From the date on which a company governed by this section is notified of the decision of the Autorité de contrôle prudentiel et de résolution granting it the administrative authorisation referred to in Article L. 321-1, the nullity action provided for in Article R. 322-91 may only be brought by the Autorité de contrôle prudentiel et de résolution.