Company law governs the essential rules governing the creation, operation and management of businesses. Appropriate legal structuring and rigorous management help to ensure business continuity and prevent disputes. The law firm Lacombe Brisou will support you at every stage of your company’s life, from its creation to the resolution of disputes.
Structuring your business: Legal choices and key formalities
Structuring a company is a crucial step, based on the choice of legal form and the drafting of bylaws. These decisions determine governance, taxation and relations between associates.
- Choosing the right legal form: Opting for the right structure will help you meet your objectives. The SAS, for example, offers great flexibility for startups and growing businesses, while the SARL is suitable for smaller, more rigidly managed companies. Other forms, such as the EURL or SA, can also be considered, depending on the number of partners and the company’s objectives.
- Drafting tailored articles of association: Articles of association define the company’s internal rules, such as the distribution of capital, the powers of directors, and decision-making procedures. A lawyer guarantees their conformity and avoids ambiguities likely to generate conflicts.
💡 Legal advice: Specialized support from the outset helps to structure your business according to your specific needs and in compliance with current regulations.
Managing relations between associates: A clear organization to avoid tensions
Managing relations between partners or shareholders is a strategic issue for the stability of your company. Managing these relationships from the outset is essential to prevent disputes.
- Framing rights and obligations: Drafting an associates’ agreement allows you to detail aspects not included in the articles of association, such as share transfer terms, pre-emption clauses, or conditions for the entry of new associates.
- Conflict prevention: Anticipating disagreements by defining clear rules on strategic decisions, voting rights or internal governance ensures business continuity.
💡 Key benefit: By establishing strong contractual relationships between associates, you secure your business against future misunderstandings or disagreements.
Identifying and resolving conflicts between associates
Conflicts between associates are a common occurrence which, if not properly managed, can jeopardize the company’s long-term survival. These disputes can take several forms:
- Partner departures: When a partner wishes to leave the company, precise rules on the transfer of shares must be laid down to avoid any imbalance within the structure.
- Strategic disagreements: Disagreements over governance, investments or profit distribution can slow down the company’s activity and generate deadlocks.
- Management errors or offences detrimental to the company: Offences such as misuse of corporate assets or fraudulent behavior can give rise to complex procedures requiring specialized legal assistance.
💡 Lawyer’s role: In the event of a dispute, a lawyer can act as a mediator to negotiate an amicable solution or, if necessary, represent you in court to defend your interests.
Why hire a corporate lawyer?
A corporate lawyer is an indispensable ally for :
- Legally structure your business: Choosing the legal form, drafting the articles of association, overseeing relations between partners.
- Anticipating risks: Preventing conflicts and securing contractual relations.
- Managing complex litigation: Resolving disputes between partners, merger or liquidation proceedings, or litigation relating to business criminal law.
Conclusion
The legal management of a company is a complex task that requires specialized expertise at every stage of its development. With Lacombe Brisou, benefit from personalized support to structure, secure and manage your business with complete peace of mind.
If you have a question or would like more information about our services, please get in touch today.
