October 2021
Incorporate a company without making a contribution?
It is essential to make a contribution, but, in the case of the SRL and the SC, there is no longer a legal minimum... The amount to be provided depends on what is sufficient to carry out the planned activity for two years. The financial plan, to be deposited with the notary at the time of incorporation of the company, must make it possible to establish this amount. A creditor could be tempted to engage the liability of the founders after having read the financial plan, if he considers that the starting capital was not sufficient to carry out the activity for at least [...]
September 2021
Can I sell my shares to anyone if I receive a good offer or decide to leave the company?
By default, if the articles of association are silent on this subject, a shareholder wishing to sell the shares of an SRL must follow an approval procedure. He must obtain the (written) approval of at least half of the shareholders owning at least three quarters of the shares (less those that are the subject of the transfer) (art. 5:63-5:65 CSA). Previously, the old code provided for a limitation of transferability as a main feature of the SPRL. This was a mandatory rule. The statutes may exclude this regime in whole or in part. In practice, it is common and even advisable in most cases [...]