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28 February 2017 | Soulier Bunch

Insolvency proceedings, dismissed employees and tort action against a foreign parent company

Foreign parent companies whose French subsidiary is subject to insolvency/bankruptcy proceedings (judicial liquidation or receivership) can in certain instances be sued in tort by the employees of such subsidiary who have been dismissed. This type of claim in tort in the context of insolvency/bankruptcy proceedings is becoming an increasingly common practice in France. As such, […]

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28 February 2017 | Soulier Bunch

“Out-of-court” divorce by mutual consent

Since January 1, 2017, spouses who agree on the breakdown of their marriage and on the effects of such breakdown may divorce, without a judge, by signing a private agreement that must be countersigned by their respective lawyer and then recorded and kept by a notary. What are the practical implications of this reform? Article […]

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24 February 2017 | Soulier Bunch

Representations and warranties: What happens if a notice of claim is untimely filed with the seller?

When the shares of a company are transferred from one party to another, the purchaser usually makes representations and warranties that are designed to cover any post-transfer increase in liabilities or decrease in assets, provided that the cause or the origin of this increase or decrease dates back to the period prior to the transfer. […]

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30 January 2017 | Soulier Bunch

How should credit reserves be taken into account in determining the state of cessation of payments of a company?

In a decision dated November 29, 2016, the Commercial Chamber of the Cour de Cassation (French Supreme Court) further specified the conditions for the implementation of Article L.631-1§1 of the French Commercial Code that addresses the rules according to which credit reserves or moratoria granted to a debtor company should be taken into account in […]

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30 January 2017 | Soulier Bunch

Allocation of free shares under French law

The Finance Bill for 2017 introduces amendments to the tax and social regime applicable to free shares, and backtracks on some provisions laid down by the so-called “Macron” reform dated August 6, 2015. This shift in policy provides the opportunity to review the legal, tax and social regime governing the allocation of free shares under […]

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