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Showing 3101–3110 of 36520 articles for “Art. IV & V”
A merger or demerger may be declared null and void only if the deliberations of one of the meetings that decided on the merger or demerger are null and void or if the declaration of conformity referre…
…fter three years from the day on which the nullity is incurred, subject to the limitation period provided for in Article L. 235-6. However, an action for the nullity of a merger or demerger of compani…
…ers and the company being able to rely, in respect of third parties, on this ground of nullity. However, the court has the option of not declaring the nullity incurred, if no fraud is established.
If, on expiry of the period provided for in Article L. 235-4, no decision has been taken, the court shall rule at the request of the most diligent party.
Deliberations taken in violation of the provisions governing the voting rights attached to shares may be annulled.
In the event of the nullity of a company or of acts and deliberations subsequent to its incorporation, based on a defect in consent or the incapacity of a member, and where regularisation can be effec…
…reach of the rules of disclosure, any person with an interest in the regularisation of the act may give the company formal notice to do so, within a period set by decree in the Conseil d'Etat. Failing…
The nullity of a company or of a deed amending the articles may only result from an express provision of this Book or of the laws governing the nullity of contracts. In the case of sociétés à responsa…
An action for nullity is extinguished when the cause of the nullity has ceased to exist on the day the court rules on the merits at first instance, unless the nullity is based on the unlawfulness of t…
The commercial court, seised of an action for nullity, may, even of its own motion, set a time limit to allow nullities to be covered. It may not declare the nullity less than two months after the dat…
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