Subsection 6: Membership of company boards of directors or supervisory boards

The social and economic committee, represented by one of its members, may, in accordance with the conditions set out in the first paragraph of Article L. 2312-77, request the President of the Commercial Court, acting in summary proceedings, to appoint a court-appointed agent to convene the shareholders’ meeting. The order shall set the agenda.

Requests for inclusion on the agenda of the draft resolutions referred to in the second paragraph of Article L. 2312-77 are made as follows: 1° When all the shares of the company are in registered form: a) Requests are sent by the social and economic committee, represented by one of its members, to the company’s registered office; b) They are made in the same way as those authorised for shareholders;…

Within five days of receipt of the draft resolutions, the Chairman of the Board of Directors, the Chairman or Chief Executive Officer of the Management Board, or the Manager of the joint stock company shall acknowledge receipt of the draft resolutions to the representative of the Social and Economic Committee by registered letter or by electronic means in accordance with the conditions set out inArticle R. 225-63 of the French…

Notwithstanding the provisions of articles R. 2312-32 and R. 2312-33, in simplified joint stock companies, the articles of association lay down the rules for examining requests for registration of draft resolutions submitted by the social and economic committees.