Article 1844-12
In the event of the nullity of a company or of acts or deliberations subsequent to its incorporation, based on a defect in consent or the incapacity of a member, and where regularisation can be effect…
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Showing 11–20 of 29147 articles for “Art. s. 1832 to 1844-17”
In the event of the nullity of a company or of acts or deliberations subsequent to its incorporation, based on a defect in consent or the incapacity of a member, and where regularisation can be effect…
…r stipulated. The rules concerning the division of estates, including preferential allotment, apply to divisions between partners. However, the partners may validly decide, either in the articles of a…
…w company, by way of a merger. It may also transfer its assets and liabilities by way of a demerger to existing companies or to new companies. These operations may take place between companies of diff…
The reunification of all the company shares in a single hand does not result in the automatic dissolution of the company. Any interested party may request such dissolution if the situation has not bee…
Neither the company nor the partners may rely on a nullity against third parties acting in good faith. However, nullity resulting from incapacity or one of the defects of consent may be relied on even…
…he members or, if the Articles so provide, by the majority provided for the amendment of the Articles.At least one year before the expiry date of the company, the members must be consulted for the pur…
The court, seised of an application 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 date of t…
Actions for nullity of the company or of acts and deliberations subsequent to its incorporation shall be barred after three years from the day on which the nullity is incurred.
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…
…any is declared, it terminates, without retroactivity, the performance of the contract. With regard to the legal person that may have come into existence, it produces the effects of a dissolution pron…
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