When a manager of a limited liability company (SARL) has paid himself compensation that was not established either by the articles of incorporation or by a resolution of the shareholders, the obligation to compensate the company for the resulting loss is not seriously disputable. The court also notes that, in summary proceedings, the existence of […]
Tag Archives: shareholder
CORPORATE
Rescission of a share transfer: the transferor regains their status as a shareholder prior to any re-registration
06
Jan
Jan
The judicial resolution of a share transfer restores the transferor to their status as a shareholder by operation of law, with retroactive effect from the date of the summons. It does not matter that the company has not yet re-registered the shares in the company registers: the transferor may validly seek to have the resolutions […]
CORPORATE
General meeting of a limited liability company: a capital increase adopted by a majority of 60% of the votes is null and void
11
Nov
Nov
For a French SARL (limited liability company) incorporated after the law of 2 August 2005, amendments to the articles of association must be decided by at least a two-thirds majority of the shares held by the partners present or represented. A clause in the articles of association setting a lower threshold (as in this case […]