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

Company Law (en cours)

Shareholder associations can play an active role in control at various stages of corporate life. Article L. 225-231 of the Commercial Code first allows one or more shareholders representing at least 5% of the share capital, either individually or by grouping together in any form, to submit written questions to the chairman of the board of directors or the executive board regarding one or more mana …

Prerogatives

Shareholder associations can play an active role in control at various stages of corporate life. Article L. 225-231 of the Commercial Code first allows one or more shareholders representing at least 5% of the share capital, either individually or by grouping together in any form, to submit written questions to the chairman of the board of directors or the executive board regarding one or more management operations of the company, as well as, if applicable, the companies it controls within the meaning of Article L. 233-3.

Furthermore, Article L. 22-10-44 provides that in companies whose shares are admitted to trading on a regulated market, shareholders who have been registered by name for at least two years and collectively hold at least 5% of the voting rights may form associations to represent their interests within the company and request the appointment of a management expert ; submit written questions to the directors ; initiate the ut singuli action ; request the court to convene a general meeting  or request the inclusion of a resolution on the agenda of a general meeting .

Commercial Code, Art. L. 22-10-69 and L. 225-232.

Commercial Code, Art. L. 22-10-73 and L. 225-252. - See, for an application, Paris, 8 June 2023, LawLex202300008967JBJ, specifying that the association of minority shareholders of a joint stock company requesting a measure of instruction in futurum, with a view to the subsequent exercise of a derivative action ut singuli, based on dysfunctions attributable to the company's chairman and breaches of their duty of loyalty by the directors, must bring the matter before the commercial court where the legal entity is established.

Company Law (en cours)

513. Prerogatives

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

513. Prerogatives

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise