Company Law (en cours)
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Formation of the company
Chapter 1: Financing the company
Chapter 2: Exercise of voting rights
Chapter 3: Shareholders' agreements
Section 1: Transformations
A: Notion
1°: Implementation
a): Effective date
b): Effects between the parties
d): Right of objection of creditors
II: Specific regime for cross-border mergers
III: Mergers and acquisitions operations
Section 3: Spin-offs
Section 4: Partial asset contributions
Title 3: Corporate groups
Title 4: Exit from the company
Part 2: Rules specific to each type of company
229. Outcome of the suretyship.
1 minute de lecture
To determine whether guarantees are maintained after a merger, it is necessary to distinguish whether the absorbed company is the principal debtor or the creditor, or if it is itself the guarantor.
In the event that the absorbed company is the principal debtor or creditor, Article 2318, para. 1, of the Civil Code, as amended by the ordinance reforming security law on 15 September 2021, provides th …