You must be aware that mentioning a Managing Director (Directeur Général) on the K-bis of a French SAS (Société par Actions Simplifiée) isn’t sufficient for him to be considered as the legal representative of such company! Although the law ... read more
An employer may sanction staff representatives for acts committed in the performance of their mandates. In a judgement of 15 June 2022, the French Court of Cassation ruled that a member of a European staff representative committee (ESRC) had not respected ... read more
On 14 June 2022, the French Conseil d’État sought advice from the Court of Justice of the European Union (CJEU) on the scope of the Steria ruling relative to a complaint lodged in 2014 by two French companies requesting the refund of the corporate tax ... read more
A Lyon Court of Appeal judgement of 17 February 2022 has provided interesting clarification regarding preference shares. Our Corporate team reviews this decision. A société par actions simplifiée (joint-stock company) had decided to reduce the preferred ... read more
Pursuant to the European Convention for the Protection of Human Rights and Fundamental Freedoms, all people have the right to freedom of expression (1). An employer may only restrict this freedom of expression if such restrictions are justified by the ... read more
In its decision dated 11 March 2022, the French Conseil d’Etat ruled that Alone et Co did not commit an irregular management act by entering into a unilateral agreement to transfer securities to a director of its subsidiary and by later selling such ... read more
The shareholders in an SAS are free to stipulate in the articles of association whether the termination of the mandate of a director may be decided ad nutum or whether reasonable grounds for such termination are necessary. What about the conditions for ... read more