Understand French law.
Programme :
Company law
- The forms of establishment in France
- Subsidiary or branch
- How to choose the corporate forms? Minimum capital, tax registration, different kinds of management structures
- Specific regulatory requirements for different sector
- Opening bank accounts – Signatory powers
- Control the financing of the operation
- Share capital
- What form of debt?
- What sort of security?
- Director’s duties and liabilities
- What duties exist and what liabilities may be incurred?
- What insurance is available?
Case study : identify duties owed
- Tax optimisation
- Corporate tax, income tax on individuals, principal bases for deduction
- Business tranfers
- Mergers, share or stock sales, business sales
- Insolvency procedures
Contracts under French civil law
- Formation and execution of agreements
- Pre-contractual negotiations and liability
- Parties: legal representatives and signature
- Transfer and retention of title
- Effect of general terms of sale/purchase
- Damage & limitation of liability
- Assignment clauses
- Ending contractual relationships and non-judicial remedies
- Termination clauses
- Penalty clauses
- Workshop: termination clauses
- French contract law
- Sale and distribution
- Commercial agency
- Real property leases
- Service agreements
- Sub-contracting
- Choice of forum for dispute resolution
- Arbitration v. French courts
- Overview of French judicial system and arbitration institutions
- Recognition and enforcement of court decisions and awards in France
Workshop : selecting and drafting a valid and enforceable dispute resolution clause