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Showing 5931–5940 of 49555 articles for “Art. L. 125-5 V + jurisprudence”
A failure by the chairman of the management and administrative bodies or the chairman of the meeting of these bodies to record the deliberations of these bodies in minutes shall be sanctioned by the n…
When a court decision declaring a merger or demerger null and void has become final, that decision shall be publicised in a manner to be determined by decree of the Conseil d'Etat. It shall have no ef…
…r the company nor the members may rely on a nullity against third parties acting in good faith. However, nullity resulting from incapacity or a defect in consent may be relied on even against third pa…
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.
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…
…each 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…
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