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Corporate Law

10 April 2024 | Lydie Bontemps-Helmy

Companies in the process of incorporation: Formality requirements governing the assumption of pre-incorporation contracts are abolished

In three rulings issued on November 29, 2023, published in the Information Bulletin and Annual Report of the Cour de cassation (French Supreme Court), the Commercial Chamber of said Court reversed it case law on the requirements governing the assumption of pre-incorporation contracts.

In so doing, the Commercial Chamber wished to put an end to the undesirable effects caused by parties wishing to evade their commitments, which results in the weakening of companies during the start phase of their business activities and of third-party contracting parties who have not debtor to turn to in the event of cancellation of the relevant contract(s).

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7 December 2023 | Lydie Bontemps-Helmy

Focus on foreign investments in France: requirements, overview and recent incentives

France offers many advantages for businesses, in particular thanks to its central location in Europe, the 2nd largest market in the world, a well-trained workforce and one of the highest hourly productivity rates, an advantageous tax system, as well as an appreciable environmental protection.

The French Government has set up rules to screen foreign investments. This screening has not prevented a significant number of foreign projects from being authorized in 2022.

The French Government has recently been encouraging foreign investments in the industrial and green sectors.

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28 April 2023 | Soulier Avocats

Insights into specificities of the transfer of e-businesses under French law

In today’s digital age, transfers of websites, in particular merchant websites, are on the rise.

The question of the legal nature of this type of transfer was of course raised. In this respect, the recognition of the existence of an e-business and, consequently, the application of the formalities relating to the transfer of “classic” businesses to this type of transfer are no longer a matter of debate.

However, some specificities relating to the transfer of e-businesses should be dealt with cautiously, in particular with regard to the items to be transferred and the protection of personal data.

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28 February 2023 | Soulier Avocats

The general public’s access to data recorded in the register of beneficial owners is maintained until proper conclusions regarding the November 22, 2002 judgment of the CJEU are reached

In a judgment handed down on November 22, 2022, the Court of Justice of the European Union held that the provision according to which information on the beneficial owners of companies should be accessible in all cases to any member of the general public was invalid, as it considered that such open access constituted a serious interference with fundamental rights enshrined in the Charter of Fundamental Rights of the European Union.

In a press release dated January 19, 2023, Mr. Bruno Le Maire, Minister of the Economy, Finance, Industrial and Digital Sovereignty, decided “to maintain the general public’s access to the data recorded in the register of beneficial owners until proper conclusions regarding the judgment of the Court of Justice of the European Union are reached”.

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31 January 2023 | Soulier Avocats

The measure that lowers the threshold triggering the control of foreign investments in French listed companies operating in sensitive business sectors is extended in 2023

On December 22, 2022, Mr. Bruno Le Maire, Minister of the Economy, Finance, Industrial and Digital Sovereignty, and Mr. Olivier Becht, Minister Delegate for Foreign Trade, Economic Attractiveness and French Nationals Abroad, Attached to the Minister for Europe and Foreign Affairs, announced in a press release that the temporary measure lowering the threshold of voting rights in listed French companies that triggers foreign investment control in France will be extended until December 31, 2023.

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27 January 2023 | Soulier Avocats

The One-Stop Shop for Business Formalities: Story of a (very) difficult start

Open since January 1, 2023, the One-Stop Shop for business formalities (Guichet Unique in French) introduced by the 2019 Pacte Law in order to simplify administrative procedures for businesses has already raised harsh criticism and discontent as its too many malfunctions make it almost ineffective.

Legal and accounting professionals are unanimously mobilized to assist and support companies through this reform.

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