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1 January 2014 | Thomas Caveng

The law empowering the government to simplify and secure the life of businesses marks the starting point for the implementation of the “shock of simplification” announced by the government

Law n°2014-1 of January 2, 2014 (hereinafter the “Law”) empowers the Government, in order to “act more quickly and more efficiently than through a standard legislative process”[1], to take measures that are a matter of law by way of executive orders, in the conditions set forth in Article 38 of the French Constitution[2], including, but […]

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1 November 2013 | Thomas Caveng

The exclusion of a shareholder of a SAS pursuant to a by-laws clause contrary to applicable public policy provisions is null and void

In a judgment dated July 9, 2013[1], the Cour de Cassation (French Supreme Court) has recalled that in sociétés par actions simplifiées (Simplified Joint Stock Companies or “SAS”) a shareholder whose exclusion is contemplated may not be deprived of his right to participate in the decision and to cast a vote on the exclusion resolution […]

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