Forced realisation that does not arise from a pledge to which the other partners have given their consent must similarly be notified one month before the sale to the partners and the company. The members may, within this period, decide to dissolve the company or acquire the shares under the conditions provided for in Articles 1862 and 1863. If the sale has taken place, the partners or the company may…
Without prejudice to the rights of third parties, a member may withdraw in whole or in part from the company, under the conditions laid down in the Articles of Association or, failing this, after authorisation given by a unanimous decision of the other members. Such withdrawal may also be authorised for just cause by a court decision. Unless Article 1844-9 (3rd paragraph), the withdrawing member is entitled to reimbursement of…
The company is not dissolved by the death of a partner, but continues with his heirs or legatees, unless provision is made in the Articles of Association that they must be approved by the partners. It may, however, be agreed that such death will result in the dissolution of the company or that it will continue with the surviving partners only. It may also be agreed that the company will…
Unless a different organisation has been provided for, relations between partners are governed, as appropriate, either by the provisions applicable to civil partnerships, if the partnership is of a civil nature, or, if it is of a commercial nature, by those applicable to general partnerships.
With regard to third parties, each partner remains the owner of the assets that he makes available to the company. Assets acquired through the use or reinvestment of undivided funds during the term of the company and those that were undivided before being made available to the company are deemed to be undivided between the partners. The same applies to any assets that the members may have agreed to place…
Each partner contracts in his own name and is solely liable to third parties. However, if the participants act in their capacity as partners in the sight and knowledge of third parties, each of them is liable to the latter for the obligations arising from acts performed in that capacity by one of the others, with joint and several liability, if the company is commercial, without joint and several liability…
Where the undeclared partnership is for an indefinite period, its dissolution may result at any time from a notification sent by one of them to all the partners, provided that such notification is in good faith, and not made at an inconvenient time. Unless otherwise agreed, no partner may request the division of undivided assets pursuant to Article 1872 as long as the company has not been dissolved.
The provisions of this chapter shall apply to de facto companies.
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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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