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

Company Law (en cours)

The share capital of the SCA must be at least 37,000 euro . Its amount must be set in the company's statutes . The reduction of the share capital to a lower amount can only be decided under the suspensive condition of a subsequent capital increase intended to bring it back to an amount at least equal to 37,000 euro, unless the company transforms into a company of another form . In case of non-comp …

Amount and variability

The share capital of the SCA must be at least 37,000 euro . Its amount must be set in the company's statutes . The reduction of the share capital to a lower amount can only be decided under the suspensive condition of a subsequent capital increase intended to bring it back to an amount at least equal to 37,000 euro, unless the company transforms into a company of another form . In case of non-compliance with these provisions, any interested party may request the dissolution of the company in court, which cannot be pronounced if, on the day the court rules on the merits, regularization has occurred .

Unlike joint stock companies, SCA may, in their statutes, stipulate a clause for the variability of share capital . In this case, the company is subject, independently of the general rules specific to it, to the provisions of Articles L. 231-1 to L. 231-8 of the Commercial Code . The statutes must determine an amount below which the capital cannot be reduced by the withdrawal of contributions , which cannot be less than either one-tenth of the share capital stipulated in the statutes or the minimum amount of 37,000 EUR required for joint stock companies . The Court of Cassation also considers that the clause for the variability of capital inserted in a company's statutes must mention the maximum authorized capital amount and that, in the absence of such mention, any increase in capital must, under penalty of nullity, be decided by the shareholders collectively, under the conditions required for this type of decision .

Commercial Code Article L. 224-2, para. 1.

For an application, See Grenoble, 6 January 2011, LawLex202200006984JBJ, emphasizing that the reimbursement of the released and unamortized amount of contributions from a withdrawing associate is lawful when it does not result in reducing the corporate capital below the statutory minimum.

See Cass. com., 6 February 2007, LawLex202200006696JBJ, concerning an anonymous agricultural collective interest cooperative company.

Company Law (en cours)

525. Amount and variability

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

525. Amount and variability

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