Associate status, renunciation, spouse, Court of Appeal, Court of Cassation, GAEC, collective decisions, shareholder quality, statutory modification, unanimous consent
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Abstract
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Abstract
A legal summary discussing the renunciation of associate status by a spouse and its implications.
Extract
[...] the renunciation is clear and definitive = it is not possible to go back on this renunciation. Her subsequent acceptance - General Assembly 2012: the wife is recognized as an associate by a vote at the general assembly - Decision taken unanimously by the other associates to give the quality of associate to the wife - Cass. com March 1996 : This ruling states that renouncing the quality of associate does not prevent a re-examination of the situation = she will be able to participate in collective decisions. [...]
[...] - Introduction and detailed plan In the spacehere, a GAEC has been constituteis between a pisre and a son, in which the statutes provided that the wife of the père had been informed of her husband's intention to make a joint contribution of goods. She also declares thatshe didn't'a lack ofassociationit is. However, at a general meeting in 2012, it was recognized as associated to the extent of half the shares held by her husband. The pisre and the son assign the GAEC in annulment of the decisions taken during the assemblye. [...]
[...] - 2012: all associates had decided that she become an associate = therefore associate status possible - Cass. com July 2018 : Theunanimitis of shareholders may allow a statutory modification notably on the quality of shareholder. The Court of Appeal's interpretation - The Court of Appeal of Amiens did not seek the unanimous character of the decisions taken = the renunciation is irrevocable and definitive = strict interpretation of the Court of Appeal ? the later modification was possible, but it misjudged. [...]
