The threshold mentioned in the fourth paragraph of Article L. 225-248 is equal: a) Where the applicable legal and regulatory provisions do not impose a minimum share capital on the company due to its corporate form, to 1% of the total balance sheet of this company, recorded at the last financial year-end; b) Otherwise, to the higher of 1% of the total balance sheet of the company, recorded at the…
Shareholders who, on the basis of the provisions of articles L. 225-251 and L. 225-256, intend to claim compensation from the directors, the Chief Executive Officer or the members of the Management Board for the loss they have personally suffered as a result of the same facts may give one or more of them a mandate to act on their behalf before the civil courts, subject to the following conditions:…
Procedural acts and notifications shall be deemed to have been validly made in respect of the agent or agents alone.
If they represent at least one-twentieth of the share capital, shareholders may, in a common interest, instruct, at their own expense, one or more of them to represent them, in order to support, both as plaintiff and defendant, the corporate action either against the directors, or against the managing director, or against the members of the management board. However, where the company’s capital exceeds 750,000 Euros, the amount of capital…
Where the corporate action is brought by one or more shareholders, acting either individually or under the conditions provided for in Article R. 225-169, the court may only rule if the company has been duly challenged through its legal representatives. The court may appoint an ad hoc agent to represent the company in the proceedings, where there is a conflict of interest between the company and its legal representatives.
The president of the commercial court in the jurisdiction of the company’s registered office, ruling at the request of the chairman of the board of directors or the management board of the société anonyme à participation ouvrière, appoints the independent expert responsible for presenting to the general meeting of shareholders the report on the amount of compensation proposed to the participants and former participants mentioned in the second paragraph of…
The request by the chairman of the board of directors or the management board of the société anonyme à participation ouvrière is made at least three months before the date of the extraordinary general meeting called to rule on the compensation. The expert’s report is filed at the registered office at least thirty-five days before the date of the extraordinary general meeting called to rule on the compensation and is…
Insofar as they are compatible with the specific provisions set out in articles L. 226-1 to L. 226-14 and L. 22-10-74 to L. 22-10-78, the rules laid down in this Book relating to sociétés en commandite simple and sociétés anonymes, with the exception of Articles R. 225-15 to R. 225-34 , R. 225-35 to R. 225-60 and R. 22-10-14 to R. 22-10-19, are applicable to sociétés en commandite par actions.
The provisions of articles R. 225-30, R. 225-31 and R. 22-10-17 are applicable to the agreements referred to in article L. 226-10. The opinion provided for in the first paragraph of Article R. 225-30 is given by the Chairman of the Supervisory Board. .
The provisions of articles R. 225-110 to R. 225-112 are applicable to managers and members of the Supervisory Board.
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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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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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