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

Company Law (en cours)

Outside the context of a general meeting, non-managing partners have the right, twice a year, to obtain communication of the company books and documents and to ask written questions about the management, which must also be answered in writing . The right to review these documents includes the right to make copies . The interested partner has the right to consult these documents personally at the r …

Consultation of corporate documents and written questions

The managers of the SNC are required to provide the partners who do not have the status of manager with the management report, the inventory, the annual accounts (which inseparably include the balance sheet, the income statement, and an appendix ), the text of the proposed resolutions, and, if applicable, the consolidated accounts, the group management report, and the auditors' reports on the annual and consolidated accounts at least fifteen days before the meeting concerning the approval of the annual accounts . During this period, the inventory is available at the registered office for the partners, who may make a copy . The legislator specifies that this information obligation does not apply when all partners are managers . Indeed, they are deemed to have all the information concerning the management of the company in this capacity. Furthermore, when non-managing partners cannot obtain these documents, they may request the president of the court ruling in summary proceedings to either order the managers and directors to provide them under penalty or appoint a representative responsible for this communication . If the request is granted, the penalty and procedural costs are borne by the managers involved .

Commercial Code, Art. L. 123-12, para. 3.

Commercial Code, Art. L. 221-7, para. 1 and R. 221-7, para. 1.

Disclosure of documents before the meeting for approval of accounts

Outside the context of a general meeting, non-managing partners have the right, twice a year, to obtain communication of the company books and documents and to ask written questions about the management, which must also be answered in writing . The right to review these documents includes the right to make copies . The interested partner has the right to consult these documents personally at the registered office or may be assisted by an expert chosen from one of the lists established by the courts . This right to information does not deprive partners who have become minority shareholders following a capital increase to which they objected, from requesting an expert assessment aimed at evaluating their shares, even if, as partners, they have all the necessary information on their book value, as this differs from their market value .

Commercial Code, Art. L. 221-8 and R. 221-8, para. 1.

Paris, 28 November 1990, LawLex202200009096JBJ.

Company Law (en cours)

348. Consultation of corporate documents and written questions

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Les notions juridiques connexes

348. Consultation of corporate documents and written questions

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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