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Drafting the statutes of a civil company; model clauses

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Henry Royal

Published on May 26, 2024

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Civil society. How to draft the statutes? Examples of SCI clauses Pay attention to all the clauses of the civil company, and more particularly to these: the economic and legal motivations of the civil company and the overall plan the conditions under which the statutes of the civil company can be modified the scope of the corporate purpose of the civil company the terms of contributions, remuneration and withdrawals from the current accounts of the SCI the advances and loans that the company can grant to its partners (civil company) the limitation of the liability of the minor partner the powers of the management of the civil company (first management, successive managements), its replacement in the event of incapacity to act, the possibility of delegating its powers the hierarchy and distribution of powers between managements, 'founding' partner, partners and usufructuaries the decision-making rules and, in the event of compulsory voting ('collective decisions'), the majority rules the nature and scope of collective decisions (disregarding AGMs and EGMs) the creation of preference and depreciation shares in rights of voting and financial rights; right of veto the method of valuation of shares; the terms of the redemption price of shares; the redemption premium the conditions of entry and exit of partners (approval, inalienability, exclusion) the risk of pre-emption (urban, SAFER, sensitive natural areas) the appointment of the agent representing the shares in joint ownership the appointment of the liquidator Video plan: I. Principle: statutory freedom II. Legal texts concerning the powers of the partner III. Drafting the statutes 1. Preliminary questions 2. Special clauses in the statutes of a civil company 3. Plan of statutes 4. Examples of clauses

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