COMPANY LAW - COMMERCIAL
We can assist you with company takeovers or transfers.
We can help you set up your own companies or conclude franchise agreements.
BUSINESS START-UP
Setting up a company is an important step in the life of any entrepreneur. From a legal, tax and accounting point of view, the corporate form offers many advantages, but you also need to be aware of its constraints.
In particular, the choice of corporate form has a major impact on the organisation of relations between partners, and on the taxation applicable to the company, its manager and the latter's social security system.
If you are well advised from the moment you set up your company and during its early stages, you will benefit from support that is conducive to the development and long-term future of your business.
We can advise you on the choice of business form and support you throughout the process of setting up your business.
The first meeting is an opportunity to discuss your project and, in particular, to validate the following aspects:
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why set up a company
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choice of form
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choice of tax regime
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choice of social security scheme for the director
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drafting and finalising the Articles of Association.
We can help you register your company (formalities with the registry, legal announcements, etc.).
We can also help you take the necessary steps to qualify for the ACRE scheme (aid for unemployed people setting up or taking over a business).
COMPANY DEVELOPMENT
Do you want to strengthen your equity capital, develop your project, bring in a business angel or bring a new partner on board?
We can work alongside you to negotiate the terms and conditions of an equity investment, draft and review letters of intent, and deal with any issues relating to capital increases or exits.
In this respect, the firm can assist you with :
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convene an Extraordinary General Meeting;
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amend the Articles of Association;
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deposit funds in exchange for a certificate;
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publish an announcement in a Journal d'Annonces Légales;
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make administrative declarations;
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carry out formalities with the Registrar.
BUSINESS SET-UP
Is your company growing, changing or looking to relocate?
We can help you with the formalities associated with these changes, which will affect your company's articles of association.
From a legal point of view, these changes will give rise to the following amendments to your articles of association:
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change of corporate purpose
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change of closing dates
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change of registered office
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change of manager
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conclusion of a commercial lease
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creation of an SCI to house the company
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opening up the capital.
E-COMMERCE SITE AND GENERAL TERMS AND CONDITIONS OF SALE
Your company's e-commerce site must have general terms and conditions of sale (GTCS). This is an important and binding document, which needs to be drawn up with particular care.
Using an unsuitable model can entail serious legal risks.
We can help you draw up your general terms and conditions of sale.
These will comply with the regulations and be tailored to the specific features of your e-commerce site: target customer category(ies), nature of the products and/or services offered, ordering procedures, payment procedures, delivery procedures, right of withdrawal, product guarantee, etc.
Our service includes drafting the general terms and conditions of sale and preparing the legal notices to appear on the company's website.
FRENCH TRADEMARK REGISTRATION
To become the owner of a French trademark, you need to register it with the INPI (Institut national de la propriété industrielle).
We can carry out this registration on behalf of your company.
We will provide the following services:
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checking the validity of the trademark: for a trademark to be valid, it is necessary to ensure that the name chosen is lawful and distinctive in relation to the goods and/or services concerned.
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Determining the classes of registration: you need to determine precisely the goods and services for which you want to use your trademark. Once the goods and services concerned have been identified, they need to be drafted and organised according to the applicable international classification.
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Checking the availability of the chosen trademark as part of a so-called extended identical search: generally speaking, a trademark is available when it does not reproduce or imitate a sign that benefits from a prior right for goods/services/activities that are identical or similar. An initial extended identical prior rights search (1) can be carried out on identical or virtually identical signs in several databases.
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registration with INPI. A registration form must be completed and sent to INPI. The filing fees charged by the INPI are to be expected.
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(1) The limits of the extended identical search should be emphasised:
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it only covers identical or virtually identical trademarks, company names and domain names.
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Even if there are no identical names, similar names may constitute prior art. A so-called "similarity search" is necessary to take into account the spelling, phonetic and intellectual similarities that may exist between the registered signs. For example, PENTIUM was found to be imitated by NETIUM, COUP DE COEUR by COUP DE FOUDRE.
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it is part of a national trademark application. It cannot be used in place of a prior art search for a Community or international trademark application, which requires separate prior art searches (depending in particular on the countries concerned and national laws and case law).
DEBT RECOVERY
An invoice from your company has not been paid by the due date, and you need to act quickly because inaction threatens your debt.
We suggest that you send your debtor a formal notice of default in the form of a lawyer's letter. This letter will demonstrate your company's determination to obtain payment of the sums owed to it.
The debt recovery pack includes:
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discussions with the customer
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an analysis of the case
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sending a lawyer's letter to the debtor.
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If your company does not obtain payment of its debt, we will consider together whether to take legal action against the debtor.
We also advise on insolvency proceedings and the civil or criminal liability of company directors.
We also advise and assist you in the management of your commercial leases, in particular when entering into a lease, renewing a lease, setting the renewed rent, revising current rents, apportioning charges and works, transferring a lease, subletting, and terminating a commercial lease by court order or out of court.
