When creating a company, many key points should be determined.
The legal structure
The choice of the legal structure should be based on the development prospects. Therefore, the number of partners or shareholders, the amount of the registered capital, the liability of each partner or shareholder, the status of the president, tax optimization and many other points should be examined in order to choose the legal structure. The determination of these key points is very important since it determines the room of manoeuvre and development of the future structure. According to these choices, the bylaws of the company will be drafted.
The By-laws outline the structure of a corporation, and they should be customized for each individual company’s situation. By-laws set forth the rights and powers of shareholders, directors, and officers, the transfer of shares, the management of the company, the powers and the liability of the president, and they determine how those in charge of the management are nominated or elected. They also help settle any disputes among parties that may arise. Finally, a corporation’s by-laws must be formally adopted and amended as necessary.
Shareholders’ or associates’ agreement
A shareholders’ agreement is an arrangement among a company’s shareholders describing how the company should be operated and the shareholders’ rights and obligations. It also includes information on the regulation of the shareholders’ relationship, the management of the company, ownership of shares and privileges and protection of shareholders.
Before starting your company and during the day to day follow up of its legal aspects, there are several formalities that should be accomplished. Our law firm can assist the company with all these formalities, before all administrations and authorities.
Day-to-day follow-up of legal aspects of companies
For the day to day follow up of the legal aspects of the company, it is important to be assisted by a good legal adviser.
At least once a year, the AGM should be hold, in order to approve the annual accounts, and to examine all the questions that don’t need bylaws modifications. The Extraordinary General Meeting – (EGM) is generally called on when the bylaws are to be modified. That is why this meeting is governed by strict rules.
Employment agreements’ drafting, fulfillment of the employers’ obligations, employment termination.
Debt recovery, commercial lease
Governed by articles L. 145-1 et seq. of the French commercial code, the commercial lease applies to premises where business is located. The commercial lease is governed by special rules related to the duration, renewal, and rent amount reviewing.
Sale of business
The business is composed of tangible and intangible assets which are attached to the business such as patents, trademarks, copyrights, merchandise, clients.
The sale of a business is strictly legally controlled and subject to many obligatory formalities. Our law firm can assists companies in these formalities.
Company in difficulty
When your company faces difficulties, before and during the suspension of payment procedure, many measures should be taken: company restructuring, ad hoc mandate, conciliation, safeguarding the company in order to avoid the suspension of payment. Our Law firm assists companies in these formalities.
Collective insolvency proceedings
When a company is under suspension of payment, some formalities should be accomplished before some judicial institutions within deadlines running from specific dates. These formalities aim at avoiding a court ordered liquidation.
Our Law firm assists companies in these formalities.
Business law encompasses all of the laws that dictate how to form and run a business or a company. This includes all of the laws that govern how to start, buy, manage and close or sell any type of business. Business laws establish the rules that all businesses should follow.
Malik Nekaa Partner
Mathieu Allard Partner