All of French Company Law: ordinary law of companies and specific regime for different types of companies

Company Law (en cours)

The manager of an SNC has the ability to freely resign from their position. It is up to the statutes to specify the terms of their resignation, particularly by detailing the form of notification  and whether or not a notice period is required .
As long as the resigning manager has not informed the SNC and its partners of his intentions, and they have not acknowledged his resignation, he continues  …

Statutory freedom

The manager of an SNC has the ability to freely resign from their position. It is up to the statutes to specify the terms of their resignation, particularly by detailing the form of notification  and whether or not a notice period is required .

As long as the resigning manager has not informed the SNC and its partners of his intentions, and they have not acknowledged his resignation, he continues to perform his duties. The convening of an extraordinary general meeting by a resigning manager is not irregular as long as his resignation was not enforceable against the company, due to the lack of notification to each partner, as required by the statutes .

The resignation of the manager must be subject to the publicity formalities provided for in Article L. 210-9 of the Commercial Code. Presented before the signing of a deed of assignment of claims, it does not render the latter unenforceable against the company when it was not yet published on that date . Moreover, a non-statutory manager of an SNC, who resigned before the judicial liquidation of the latter without the publicity formalities being completed, may file a request for regularization when he justifies a moral interest in acting . Finally, the liability of an SNC manager can only be sought by third parties for acts committed during his management period, and not after the publication of his resignation in the trade and companies register .

Nîmes, 4 June 2009, LawLex202200009988JBJ, for statutes requiring a resignation addressed to the partners three months in advance by registered letter with acknowledgment of receipt.

Paris, 30 April 2014, LawLex202200011098JBJ, for statutes providing that the resignation must be notified at least six months before the closing date of the current fiscal year and that it only takes effect on that date.

CA Nîmes, 4 June 2009, LawLex202200009988JBJ.

Paris, 30 April 2014, LawLex202200011098JBJ.

CA Rouen, 5 January 1995, LawLex202200011073JBJ.

Paris, 17 January 2008, LawLex202200011111JBJ.

Company Law (en cours)

394. Statutory freedom

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394. Statutory freedom

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise