Company law governs the essential rules governing the creation, operation and management of businesses. Appropriate legal structuring and rigorous management ensure the long-term viability of your business and prevent disputes. Lacombe Brisou can help 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 start-ups 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.
- Tailor-made Articles of Association: The 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 can ensure compliance and avoid ambiguities that could lead to disputes.
💡 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.
- Setting out rights and obligations: Drawing up a shareholders’ agreement enables you to detail aspects not included in the company’s articles of association, such as share transfer procedures, pre-emption clauses, and conditions for the entry of new partners.
- 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:
- Departure of partners: 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-sharing can slow down the company’s activity and generate blockages.
- Mismanagement or offences prejudicial 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 :
- Legal structuring of your business: choice of legal form, drafting of articles of association, supervision of relations between partners.
- Anticipating risks: Preventing conflicts and securing contractual relations.
- Managing complex disputes: Resolving disputes between associates, merger or liquidation procedures, or even litigation linked to criminal business law.
Conclusion
The legal management of a company is a complex task, requiring specialized expertise at every stage of its development. With Lacombe Brisou, you can benefit from personalized support to structure, secure and manage your business with complete peace of mind.
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