Failure by the chairman or manager of a société par actions simplifiée (simplified joint-stock company) to consult the shareholders under the conditions laid down in the articles of association in the event of a capital increase, amortisation or reduction, merger, demerger, dissolution or conversion into a company of a different form is punishable by six months’ imprisonment and a fine of €7,500.
The provisions of articles L. 244-1, L. 244-2 and L. 244-3 are applicable to any person who, directly or through an intermediary, has in fact managed a société par actions simplifiée (simplified joint-stock company) under the cover of or in place of the chairman and managers of that company.
Articles L. 242-1 to L. 242-30 apply to European companies. The penalties provided for the chairman, directors, general managers, members of the management board or members of the supervisory board of sociétés anonymes are applicable to the chairman, directors, general managers, members of the management board or members of the supervisory board of European companies. Article L. 242-20 applies to statutory auditors of European companies.
If the chairman and directors, general managers, members of the management board and supervisory board of a public limited company or the managers of a limited partnership with shares hold, directly or indirectly under the conditions provided for by Article L. 228-35-8, non-voting preference shares in the company they manage is punishable by a fine of €150,000.
It is punishable by a fine of 9,000 euros for the chairman, directors, managing directors or managers of a joint stock company to issue, on behalf of that company, negotiable bonds which, in the same issue, do not confer the same debt rights for the same nominal value.
The following is punishable by two years’ imprisonment and a fine of 9,000 euros: 1° Preventing a bondholder from taking part in a general meeting of bondholders; 2° Being granted, guaranteed or promised special advantages for voting a certain way or for not taking part in the vote, as well as the fact of granting, guaranteeing or promising these special advantages.
A fine of 6,000 euros shall be imposed on: 1° For the chairman, directors, general managers, managers, statutory auditors, members of the supervisory board or employees of the debtor company or of the company guaranteeing all or part of the debtor company’s commitments, as well as for their ascendants, descendants or spouses, to represent bondholders at their general meeting, or to agree to be the representatives of the bondholders’ group…
A fine of €4,500 shall be imposed if the chairman of the general meeting of bondholders fails to record the decisions of any general meeting of bondholders in minutes, stating the date and place of the meeting, the method of convening, the agenda, the composition of the bureau, the number of bondholders taking part in the vote and the quorum reached, the documents and reports submitted to the meeting, a…
The offences provided for in articles L. 245-9, and articles L. 245-12 and L. 245-13 are punishable by five years’ imprisonment and a fine of €18,000 when committed fraudulently with a view to depriving the bondholders or some of them of part of the rights attached to their debt security.
The provisions of this chapter relating to the chairman, directors, managing directors and managers of joint stock companies shall apply to any person who, directly or through an intermediary, has in fact exercised the direction, administration or management of the said companies under the cover or in the place and stead of their legal representatives.
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is a Registered Trademark of
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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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