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French Business Law

The contractual liability: the misconduct in the fulfilment of the contract

As a Chief executive officer or individual, you are required to conclude agreements whether in a business relationship with your clients, your suppliers, your service providers, your subcontractors… or within a private setting: bank, insurance, trading. But what happens when one of the parties does not respect its obligations or when the contract is not duly performed as a result of a breach of contract ? What are your rights and remedies? Picovschi Lawyers, by its expertise in Business Law, informs you on these issues.

Debt collection: how to obtain the amounts due?

Commercial contracts are at times subject to unexpected risks, such as payment failure from one party in a sale or a service delivery. If we do not have the right option, it may be really complicated to collect the amounts owed.

Tax System for the business transfers

Whether an individual operator, or a manager of a PME or large business, the decision to sell a company constitutes in principal, apart from a few exceptions, the result of a personal and strategic plan.

Finding the buyer

Finding and choosing a buyer during a business transfer is of great importance as the survival of the company depends on it! The major obstacle in business transfers, especially concerning PME’s, frequently relates to the difficulty involved in the relationship between the buyer and the seller.

Merging companies: A fiscal regime (Part 1: the advantages of a plan)

Business mergers imply a total business transfer for the one or multiple businesses being acquired. In principal, these operations should normally result in the immediate taxation of the entirety of profits which have thus far remained untaxed, including in this instance capital gains.

Financing business transfers

The business transfer is one of the major challenges of upcoming years. In recent years, many managers have begun moving towards retirement, causing a reason to perform a business transfer, a trend especially prevalent in family businesses. Selling to funds or foreign groups is not, at least in this field, rare in the absence of another buyer or adequate finances for taking over the business.

LBP: a useful tool for transferring businesses

The LBO (Leverage Buy Out), an often complex financial operation, is a technique for taking over a business, which depends on “leverage.”

The transfer of a family business

Today, the combination of provisions that result from different financial laws, TEPA law (law concerning work, employment, and purchasing power) and the “Dutreil” pact, allow employers of PME’s (Small and Medium Businesses) to transfer their businesses to their children while still minimizing tax charges.

Cooperative and Participative Societies: A calm and effective transfer of business

Cooperative and Participative Societies (SCOP) are the societies in which the major business associates are the employees themselves. While this approach often allows a company to continue to thrive post transfer, it is unfortunately underused despite its many benefits.

The transfer of a business

Transferring a business is an essential economic act which necessitates surrounding yourself with all optimal legal precautions.

Establishing a Business Plan

The business plan is the cornerstone of the entire management operation from the creator of the project to the group of partners, including even bankers.

Optimizing the Value of a Business

To overcome the intrinsic difficulties often encountered during the sale or transfer of an individual business, it often seems that company development is the only solution that seems to present itself. Similarly, to facilitate the transfer, the steady transformation of an existing company into another form of company is often essential.

The concept of due diligence in regards to the takeover of a company

Taking over a company is not an easy task. Moreover, it is an important financial investment that implies a number of risks, some of which can run the entire process aground. This is why it is important before taking on the entire process of buying a business, to establish due diligence or an acquisition audit. For this a lawyer with expertise in business law will serve as an irreplaceable aid.

Negotiating the price of a business transfer

It is imperative to question both who could be the best negotiator for you and the process of negotiation. You need someone who can influence and persuade another party effectively. Business negotiating has become an essential capability for all businessmen

The Lawyer, the dispute linked with due diligence or preliminary audits

Due diligence or acquisition audit is an irreplaceable and crucial step during the transfer of business. It is also very often a step that is neglected or rushed. Thus there are many disputes that can occur surrounding audit acquisition.

Securitization of the transfer of business: for a comprehensive protocol for the transfer

In every field there is a tendency towards specialization. The transfer of business does not escape this rule.

Succeeding in the transfer of a business: the keys to success

From year to year, more and more managers of French PME's are concerned by the transfer of their businesses. A major problem of the French economy leaves a third of these PME practically dead during the retirement of their creator. What can the boss of a PME, close to the age of retirement, do to sell his company and still maintain a regular and comfortable salary?

Misappropriation of customers: In what cases? How to act?

As a director of a successful enterprise, you realize today that the competitors, the former employees, the subcontractors, the associates etc… dishonestly misappropriating your customers. You believe you are the victim of embezzlement or on the contrary you are unjustly suspected of this offence. Who is going to help you to get out of this mess? Our department of commercial lawyers can help you.

Ligation between the franchisor and the franchisee: to whom do the commercial establishments belong?

Whether you are a franchisor or a franchisee, perhaps today you are faced with a conflict and wish to stop an entire collaboration. You feel you do not know if the franchisee or the franchisor has the rights to the disputed commercial establishments. As the franchisee, can you leave the collaboration freely? And as franchisor, should you accept the proposition of the franchisee, or do you have ways to avoid this choice? PICOVSHI lawyers has developed some answers for these important questions.

The 2015 Reformation of French Contractual Law: to secure and preserve contractual relations

280 articles regarding contract law have not been modified since 1804, the year of the elaboration of Civil Code, and yet contractual law is the pedestal upon which all relations between individuals, professionals, and professionals and individuals is governed.

Can the franchisee prosecute the franchisor for defaulting on precontractual information?

You have entered into a franchise agreement but today the terms are not as idyllic as they were when originally announced during the negotiation and recruitment phases. You want to exit the franchise and denounce the contract. What solutions are available to you? As the franchisee can you choose to prosecute the franchisor for defaulting on precontractual information? PICOVSHI lawyers give some incite in the following piece.

Who the franchisee or the franchisor is owner of the clientele?

Franchisee, franchisor, and lessor you wish to be done with the franchise agreement or a lease before the end of your term. What are the consequences for the client? Can the franchisee can lay claim to the rights of the client? PICOVSCHI lawyers are here to update you on the state of rights and of the jurisdiction of the matter.

Can a franchisor sue a franchisee for disclosing “know-how?”

The franchise agreement includes obligations that fall under the charge of the franchiser as much as the franchisee. One of the most important of these obligations is the transmission of “Know-how?” by the franchisor to the franchisee, the default risk being cancellation of the contract. But what about when the franchisee discloses the information, which is by nature secret? PICOVSHI lawyers leaves you with a few answers in the following lines.

Competition among professionals: what recourses are there against unfair practices?

If you experience such an injury, contact a lawyer because there are solutions. Picovschi lawyers have plentiful experience with business law, and will make every effort to protect your best interests.

Responsibility of the leader: Consequences on their personal assets?

Can the leader limit his liability to his business assets? Yes, but obviously only to some extent.

Debt collection: what to do to get the money owed?

Trade relations can give rise to many disputes: sudden rupture of a listed long-term relationship, poor performance of the service provided or default in connection with a sale or service delivery.

Writing Terms: the importance of the lawyer

Supplier, client, e-merchant… the general conditions of sales are at the base of all commercial relations. It is important that they are constructed by a legal professional to provide security for your transactions. An attorney will also make sure that everything is up to date in accordance with Hamon’s law from March 17th 2014.

The leader and the lack of management: what responsibility?

Being a CEO is not a trivial profession. In addition to exposure to economic risks associated with its business, the officer is not immune to see his personal liability as a result of negligence in the management of the company or fraud.

Bank security: protection of the business executive with a lawyer

The leader is one of the main financial backers of a company. At its inception, when it assumes the status of partner, he makes essential contributions to the startup of the corporation. Thereafter, he may have to act as surety for any loans made by the company, as part of a developmental strategy for the company. Finally, in case of failure of the company, especially during bankruptcy proceedings, the officer may be required to pay off the creditors.

Business Contracts: what is the lawyer‘s role?

Commercial contracts are by nature very complex. Trying to rely on standard contracts without the assistance of the expert what the competent lawyer in commercial law is a significant risk of gout.

The lawyer and the debt collection

Businesses are often faced with problems of bad debts on time. Our transactional lawyers can help you collecting those debts anywhere in France.

The Role of Negotiation

At Picovschi Law Firm, we developed an extensive transactional knowledge and experience. We assist our clients anywhere in France or overseas keeping in mind that litigation is not the only answer. Negotiation is most of the time the best choice for our clients.

Doing Business in France

Optimize your tax and company strategic options? Why pay more when you can pay less?

Distribution of Goods in France

Our team of French and US Lawyers, trusted by the Paris-based Embassies, can assist you in your Commercial dealings

French Law Firm Experience

Doing business in France is an attractive opportunity, yet considering the complexity of French and European law; it must be cautiously planned and applied.

How to optimize the transfer of a company?

The weight of demography: in 10 years, more than 450.000 French companies, representing about 2.5 millions of jobs, should be controlled by other executives for exclusive demographic reason. According to the INSEE, 700.000 French C.E.O. are 50 years old and more which represent one third of the total senior executives in France?

How to manage the deficits of a company that is part of a group?

When a company generates deficits, it does not pay taxes. It may postpone its deficits. As part of a group, various operations can allow to optimize the management of deficits. Experienced French Lawyers in tax law or business law can advise you to choose appropriate solutions to your situation and achieve them.

Liability of the Manager

Being a leader, manager, general manager, director or CEO actually is directing, administering, monitoring and operating even more activities. In France, being given such a role also involves the possibility of liability of the company but also, in some cases his personal civil liability (and sometimes criminal responsibility).

Areas of Expertise