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04 Oct
Posting of workers - secondment of employees - to France
Pursuant to article L. 1262-1 of the French Labour Law Code, an employer established outside France may temporarily post workers on the French territory, provided that there is an employment contract between said employer and the employees, and provided further that the employment relationship between the employer and the employees continues...
27 Mar
Forthcoming reform on community trademarks
Community Trademarks: The European Commission proposes easier access and more effective protection The European Commission has today presented a package of initiatives to make trademark registration systems all over the European Union cheaper, quicker, more reliable and predictable. The proposed reform would improve conditions for...
20 Feb
Refusal by a shareholder to pay the amount of unpaid capital
On incorporation of a French company, the shareholders are obliged to subscribe for the entire issued share capital of the company (that is, the share capital registered in its bylaws), although they may pay up only a fraction thereof (for example, 50% of the issued share capital of a SAS and 25% of the issued share capital of a SARL). The...
18 Feb
Incorporation of a French company - choice of the appropriate company form
French corporate law provides for several types of French companies. Commercial companies are ordinarly incorporated in France under the form of a French SAS (" société par actions simplifiée "), a French SARL (" société à responsabilité limitée ") or a French SA (" société anonyme "). When incorporating a French company, its legal form (SAS,...
18 Feb
Counterfeit goods and seller's implied warranties
French law contains no explicit provision obliging a seller to warrant that the goods sold do not infringe third party intellectual property rights. According to French case law however, such a warranty may be inferred from article 1626 of the Code Civil (French Civil Code), which obliges a seller to warrant the purchaser against...
18 Mar
Liabilities of French corporate officers
Corporate officers of French companies (CEOs, members of a board of directors, etc.) may incur civil or criminal liability for various acts or omissions. Civil liability Civil liability may be incurred, inter alia, for actions or omissions which: violate applicable law or the company’s bylaws, or constitute acts of mismanagement (“ faute...
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