Appointment of the head of a business
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
An individual who has legal personality and who enables him to conclude legal acts
Ownership of the capital of a business, held by a member, and entitled to a pecuniary interest in the profits
Corresponds to the totality of the activities carried out by a business or company
The registered office of a company or legal person shall be located at the place where the legal life, the management bodies and the main departments of business are concentrated.
Removing the powers of a business executive
Person who is not part of the business
Amount of money intended to compensate for the damage suffered
Impossibility of exercising a right
One business controls another when it holds part of the share capital giving it the majority of votes in a decision
What applies to you ?
SARL
Business can be managed by one or more natural persons, who may either be members of the members or be a person outside the business.
The head of a SARL is called manager.
He's called majority manager where it has more than 50% shares.
Otherwise, it is called minority manager.
If you are a European national, you can run a business. You must have a valid identity card.
The manager or managers shall be appointed by the partners business at any of the following times:
- Before the writing the statutes by means of a separate document (letter of designation signed by the members)
- When drawing up the statutes
This appointment must be made at a meeting of partners or by means of a written consultation.
The decision has to be made at the majority of shares.
However, if this majority is not reached and if the statutes of the business so provide, the members shall be summoned again and the decision shall be taken by a majority of the number of voters.
Example :
In a business with 5 members, the 100 shares are distributed as follows:
- Partner A owns 49% of shares
- Partner B owns 1% of shares
- Partner C owns 10% of shares
- Partner D owns 20% of shares
- Partner E owns 20% of shares
At the general meeting of the partners deciding on the appointment of the manager(s), partners A and B make the same choice and partners C, D and E all 3 choose another person. The voting report will then be 50% shares against 50% shares. There is no majority of shares.
Thus, at the new assembly convened, the majority that will have to be taken into account is that of the number of voters. If each partner retains his or her choice, then there is a majority of the number voting 2 to 3. The manager will be the person chosen by partners C, D and E.
The manager(s) shall be appointed to the entire life of the business.
But the statutes may provide for a fixed period.
Powers in their dealings with partners
The associates determine the powers of the manager(s) in the statutes of the business.
If you do not have rules in the articles of association, the powers of the manager(s) are as follows:
- In the case of a sole manager, he may take all management measures in the interests of the business.
- In the case of multiple managers, they shall separately have the power to perform all management acts in the interest of the business.
On the other hand, they cannot oppose any operation initiated by one of the managers before it is completed.
The majority manager has more power vis-à-vis the partners.
Indeed, it holds a majority of the shares, allowing it to vote in favor of whatever policies it wishes to pass.
Powers in their dealings with third parties
The manager(s) may act in any event on behalf of the business within the bounds of legality.
They commit business even in the acts they do that do not fall under the purpose of the business.
On the other hand, if the business proves that the third party knew that the act exceeded the social purpose of the business or that the latter could not have been unaware of it, it is not bound by those acts.
Publication of statutes constitutes the proof of that knowledge of the third party.
The associates may decide to limit powers of the manager or managers in the statutes of the business.
However, this limitation does not apply to third parties.
If one or more managers object to the acts of one of them, this has no effect on the third party unless he was aware of this objection.
Other powers
The manager(s) may decide to move the registered office company in France with partner validation in a written consultation or a majority meeting.
They can also change statuses to harmonize them with the law.
Example :
A manager cannot decide to sell books when the business of the business is to sell clothing.
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Business activity
General case
The mandate of a manager ends in one of the following ways:
- The manager resign. He must notify the other managers of his decision. If he does not give a reason, the business can claim damages
- The manager's mandate arrives at the end of the fixed period by the statutes
- The manager is revoked. Revocation may be decided by a majority of the shares by the members or by a larger majority indicated in the articles of association. If no reason is given, revocation may result in damages. A manager can be dismissed for mismanagement (for example, if he does not follow the instructions of the partners on the management of bank accounts).
Courts can also dismiss a manager at the request of several partners for a legitimate cause - The manager is condemned to a management ban
- The manager deceased
The end of the mandate a manager and the manager changes must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
SARL operating a press company
The mandate of a manager ends in one of the following ways:
- The manager resign. He must notify the other managers of his decision. If he does not give a reason, the business can claim damages
- The manager's mandate arrives at the end of the fixed period by the statutes
- The manager is revoked. Revocation may be decided by a majority of at least 3/4 of the shares by the members or by a larger majority indicated in the articles of association. If no reason is given, revocation may result in damages. A manager can be dismissed for mismanagement (for example, if he does not follow the instructions of the partners on the management of bank accounts).
Courts can also dismiss a manager at the request of several partners for a legitimate cause - The manager is condemned to a management ban
- The manager deceased
The end of the mandate a manager and the manager changes must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The mandate of a manager ends in one of the following ways:
- The manager resign. He must notify the other managers of his decision. If he does not give a reason, the business can claim damages
- The manager's mandate arrives at the end of the fixed period by the statutes
- The manager is revoked. Revocation may be decided by a majority of the shares by the members or by a larger majority indicated in the articles of association. If no reason is given, revocation may result in damages. A manager can be dismissed for mismanagement (for example, if he does not follow the instructions of the partners on the management of bank accounts).
Courts can also dismiss a manager at the request of several partners for a legitimate cause - The manager is condemned to a management ban
- The manager deceased
The end of the mandate a manager and the manager changes must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The mandate of a manager ends in one of the following ways:
- The manager resign. He must notify the other managers of his decision. If he does not give a reason, the business can claim damages
- The manager's mandate arrives at the end of the fixed period by the statutes
- The manager is revoked. Revocation may be decided by a majority of the shares by the members or by a larger majority indicated in the articles of association. If no reason is given, revocation may result in damages. A manager can be dismissed for mismanagement (for example, if he does not follow the instructions of the partners on the management of bank accounts).
Courts can also dismiss a manager at the request of several partners for a legitimate cause - The manager is condemned to a management ban
- The manager deceased
The end of the mandate a manager and the manager changes must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The mandate of a manager ends in one of the following ways:
- The manager resign. He must notify the other managers of his decision. If he does not give a reason, the business can claim damages
- The manager's mandate arrives at the end of the fixed period by the statutes
- The manager is revoked. Revocation may be decided by a majority of the shares by the members or by a larger majority indicated in the articles of association. If no reason is given, revocation may result in damages. A manager can be dismissed for mismanagement (for example, if he does not follow the instructions of the partners on the management of bank accounts).
Courts can also dismiss a manager at the request of several partners for a legitimate cause - The manager is condemned to a management ban
- The manager deceased
The end of the mandate a manager and the manager changes must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
You have to inform third party of that appointment by means of the following formalities:
- Inserting in a legal listing support
- At the time of registration on the website of the company formalities office, the information is automatically transmitted to the official gazette of civil and commercial advertisements (Bodacc)
LOCK
SAS can be managed by one or more natural persons or by a business.
The person or company who directs the business is called president or leader.
There may be a sole president or a president with a director-general or a delegated director.
Partners may also choose to appoint a collegiate executive board to steer the business.
Most of the conditions attached to the appointment of the President, the duration of his term of office, the end of his term of office and the extent of his powers are open.
They are the members to provide for them in the statutes of the business.
They are the partners of the business which appoint the first president.
If there's only one partner, it's up to him or her to make that decision.
It can be taken at any of the following times :
- Before the drafting of the statutes by means of a separate document (letter designating the chairman signed by the members)
- When drawing up the statutes
The appointment of the President must be made by a meeting of partners or by written consultation.
It must be the result of a decision adopted in the majority of the actions.
Where this majority has not been reached and if the articles of association so authorize, the members shall be summoned again and the decision shall be taken by a majority of the number of voters.
The President may be a natural person or a business.
The appointment of the next presidents can be done as the associates wish, it must be determined in the statutes of the business.
If these conditions are not met at the time of appointment, any interested person may request that that decision is annulled.
Example :
In a business with 5 partners, the 100 actions are divided as follows:
- Partner A owns 49% of actions
- Partner B owns 1% of actions
- Partner C owns 10% of actions
- Partner D owns 20% of actions
- Partner E owns 20% of actions
If, at the time of the appointment of the Chairman, Associate A and Associate B make the same choice and that Associates C, D and E all 3 choose another person, then the report of the votes shall be 50% actions against 50% actions. There is no majority of shares.
Thus, when reconvened, the majority that must be taken into account is that of the number of voters. If the partners all retain their choice, then there is a majority of the number of voters from 2 to 3. The President will be the person chosen by Associates C, D and E.
The partners must determine the length of time for which the president is appointed.
If no mention of duration is made in the statutes, he shall be appointed to unlimited duration.
They may also decide to add a age condition for the performance of the duties of the President in the Statutes.
The president must be capable major or emancipated minor.
It should not be subject to a prohibition on managing or administering businesses, or having done the subject of a personal bankruptcy.
It must not not to have been convicted for one of the following reasons:
- Crime
- Theft
- Scamming
- Abuse of trust
Whether the partners decided in the articles that the business was entirely led by the presidentSo they can act on their behalf with third parties. It administers and manages the business.
The President engages business in the actions it takes with third parties even if those acts do not comply with the objects of the company business.
On the other hand, if the business proves that the third party knew that the act exceeded the social purpose of the business or that he could not have been unaware of it, it is not bound by those acts.
The partners may decide to limit the powers of the President in the statutes of the business.
But for anyone outside the business, the president’s powers will not be considered constrained. For example, if the limitation of powers prevents him from signing contracts that he can usually sign, then the third party who contracts with him will not be sanctioned.
Example :
If a business is engaged in selling shoes, it cannot sell computer equipment. The social purpose of the business would not be respected.
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Business activity
The term of office of the President may end in one of the following ways:
- The President may resign voluntarily : he is not obliged to justify his resignation. On the other hand, this can lead to damages.
- The President may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he performs duties that prevent him from being president of a simplified share business at the same time)
- Overage
- The warrant arrives at the end date provided for in the articles of association
- The president may be revoked : the rules of revocation are fixed by the partners in the statutes of your business. Such revocation need not be justified, but may result in damages. Courts may also remove the president at the request of one or more partners if the case is legitimate.
- Death or dissolution if the president is a business
- Processing or dissolution of the business
The end of the mandate of the President and the changes of chairpersons must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The term of office of the President may end in one of the following ways:
- The President may resign voluntarily : he is not obliged to justify his resignation. On the other hand, this can lead to damages.
- The President may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he performs duties that prevent him from being president of a simplified share business at the same time)
- Overage
- He arrives at the the end date specified in the articles of association.
- The president may be revoked : the rules of revocation are fixed by the partners in the statutes of your business. Such revocation need not be justified, but may result in damages. Courts may also remove the president at the request of one or more partners if the case is legitimate.
- Death or dissolution if the president is a business
- Processing or dissolution of the business
The end of the mandate of the President and the changes of chairpersons must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The term of office of the President may end in one of the following ways:
- The President may resign voluntarily : he is not obliged to justify his resignation. On the other hand, this can lead to damages.
- The president may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he performs duties that prevent him from being president of a simplified share business at the same time)
- Overage
- He arrives at the end date provided for in the articles of association
- The president may be revoked : the rules of revocation are fixed by the partners in the statutes of your business. Such revocation need not be justified, but may result in damages. Courts may also remove the president at the request of one or more partners if the case is legitimate
- Death or dissolution if the president is a business
- Processing or dissolution of the business
The end of the mandate of the President and the changes of chairpersons must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The term of office of the President may end in one of the following ways:
- The President may resign voluntarily : he is not obliged to justify his resignation. On the other hand, this can lead to damages.
- The President may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he performs duties that prevent him from being president of a simplified share business at the same time)
- Overage
- He arrives at the end date provided for in the articles of association
- The president may be revoked : the rules of revocation are fixed by the partners in the statutes of your business. Such dismissal need not be justified, but it may lead to dismissal. The courts may also dismiss the chairman at the request of one or more members if the cause is legitimate
- Death or dissolution if the president is a business
- Processing or dissolution of the business
The end of the mandate of the President and the changes of chairpersons must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
You have to inform third party of that appointment by means of the following formalities:
- Inserting in a legal listing support
- At the time of registration on the website of the company formalities office, the information is automatically transmitted to the official gazette of civil and commercial advertisements (Bodacc)
SA to Board of Directors
The business is managed by a Board of Directors (GC).
The Board shall be composed of minimum of 3 members and the maximum of 18 members.
The Board may decide that the business will be managed either by the chairman of the board, or by a managing director.
If you are a European national, you can run a business. You must have a valid identity card.
The first directors shall be appointed by shareholders at the time of drafting the statutes of the business.
Shareholders may decide in the articles of association that there shall be in the board of directors directors directors elected by the staff of the business or by the staff of the business and its subsidiaries.
Directors shall be appointed for a fixed term in the business' statutes. This duration does not may not exceed 6 years.
Administrators are re-eligible unless you have decided otherwise in the statutes.
Parity condition
When appointing directors, a balanced representation of men and women.
Age condition
Shareholders must provide in the articles of association for age limit for the performance of the duties of administrator.
This limit may apply to all or a percentage of administrators.
If the age is not determined in the statutes, it shall not can't be there more than 1/3 of administrators over 70 years of age.
When the limits are exceeded, the oldest director is considered to be the one leaving office.
This also applies to the trustee.
Qualification condition
Appointed directors may to be natural persons or businesss.
Where the administrator is a business, he or she shall present a permanent representative.
If he is dismissed, the business must find a replacement for him.
When the administrator is a natural person, he cannot be an administrator in 5 anonymous businesses at the same time.
However, if these businesses are controlled by business, there is no limitation.
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Business activity
The mandate of a director may end in one of the following ways:
- The administrator can resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages.
- The administrator may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- The administrator's term of office shall be deadline provided for in the statutes or after six years.
- The administrator can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages.
- Death the administrator or dissolving of the administrator business
The end of the mandate of an administrator and the change of an administrator must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The mandate of a director may end in one of the following ways:
- The administrator can resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages.
- The administrator can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- The administrator's term of office shall the deadline provided for in the statutes or after 6 years
- The administrator can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages.
- Death the administrator or dissolving of the administrator business
The end of the mandate of an administrator and the change of an administrator must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The mandate of a director may end in one of the following ways:
- The administrator can resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages.
- The administrator can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- The administrator's term of office shall be deadline provided for in the statutes or after 6 years
- The administrator can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages.
- Death the administrator or dissolving of the administrator business
The end of the mandate of an administrator and the change of an administrator must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The mandate of a director may end in one of the following ways:
- The administrator can resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages.
- The administrator can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- Administrator arrives at deadline provided for in the articles of association or after 6 years
- The administrator can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages.
- Death the administrator or dissolving of the administrator business
The end of the mandate of an administrator and the change of an administrator must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
The Management Board of the business shall elect one of its members president. The latter cannot be a business.
For how long is the president appointed?
He is elected for one term equal to his term as director and maybe re-elected.
What are the conditions for the appointment of the President?
The statutes of the business must provide for a age limit for the performance of the duties of the Chairperson of the Management Board.
If no limit is set, it is 65 years.
What are the functions of the President of the Board?
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The Chair of the Board is the Executive Director of the business
Its mission is toorganize and direct the work of the Management Board andto report on before the general meeting.
He must also ensure proper functioning bodies of the business and ensure that administrators can carry out their duties.
He can act in any event on behalf of the business.
However, it must exercise its powers in a manner that respects the objects of the company business and without encroaching on the powers of shareholders and the board of directors.
It commits the business itself to acts that it does not fall within the social purpose of the business.
On the other hand, if the business proves that third party knew that the act exceeded the social purpose of the business or that the latter could not ignore it, it is not committed by these acts.
Publication of statutes constitutes the proof of that knowledge of the third party.
The partners may decide to limit the powers of the President in the statutes of the business.
But for anyone outside the business, the president’s powers will not be considered constrained. For example, if the limitation of powers prevents him from signing contracts that he can usually sign, then the third party who contracts with him will not be sanctioned.
Example :
A business that is involved in the sale of shoes cannot sell computer equipment. The social purpose of the business would not be respected.
The chair of the board is not the executive director of the business
Its mission is toorganize and direct the work of the Management Board andto report on before the general meeting.
He must also ensure proper functioning bodies of the business and ensure that administrators can carry out their duties.
How does the term of office of the President of the Board end?
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Business activity
The term of office of the Chairperson of the Board may end in one of the following ways:
- The President may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages if the business is prejudiced by his departure
- The president may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- Loss of administrator status
- The president arrives at the end of his term
- The president may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. The dismissal of the chairman does not cause him to lose his term as director
- The President deceased
The end of the mandate of the President and the change of chairpersons shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The term of office of the Chairperson of the Board may end in one of the following ways:
- The President may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages if the business is prejudiced by his departure.
- The president may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- Loss of administrator status
- The president arrives at the end of his term of office
- The president may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. The dismissal of the chairman does not cause him to lose his term as director
- The President deceased
The end of the mandate of the President and the change of chairpersons shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The term of office of the Chairperson of the Board may end in one of the following ways:
- The President may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages if the business is prejudiced by his departure
- The President may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- Loss of administrator status
- The president arrives at the end of his term of office
- The president may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. The dismissal of the chairman does not cause him to lose his term as director
- The President deceased
The end of the mandate of the President and the change of chairpersons shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The term of office of the Chairperson of the Board may end in one of the following ways:
- The President may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages if the business is prejudiced by his departure
- The President may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is an administrator in 5 other anonymous businesses)
- Overage
- Loss of administrator status
- The president arrives at the end of his term of office
- The president may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. The dismissal of the chairman does not cause him to lose his term as director
- The President deceased
The end of the mandate of the President and the change of chairpersons shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
The Board of Directors of the business may decide to elect managing director which is not not the chairman of the board of directors.
What are the conditions for the election of the Director-General?
The statutes of the business must provide for a age limit for the performance of the duties of the Director-General.
If no limit is set, it is 65 years.
What are the duties of the Director-General?
He can act in any event in the name of the business.
However, it must exercise its powers in a manner that respects the objects of the company business and without encroaching on the powers of shareholders and the board of directors.
It commits the business itself to acts that it does not fall within the social purpose of the business.
On the other hand, if the business proves that third party knew that the act exceeded the social purpose of the business or that the latter could not ignore it, it is not committed by these acts.
Publication of statutes constitutes the proof of that knowledge of the third party.
Shareholders may decide to limit the powers of the Managing Director in the articles of association of the business.
On the other hand, for any person outside the business, the powers of the Director-General will not be considered to be limited.
For example, if the limitation of powers prevents him from signing contracts that he can usually sign, then the third party who contracts with him will not be sanctioned.
Example :
A business whose business is to sell shoes cannot sell computer equipment. The social purpose of the business would not be respected.
How does the Director-General's term end?
Répondez aux questions successives et les réponses s’afficheront automatiquement
Business activity
The mandate of the Director-General may end in one of the following ways:
- The Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (For example, he performs duties that do not allow him to be managing director of an anonymous business at the same time)
- Overage
- He arrives at the end of the period laid down in the articles of association
- The Director-General may be revoked : this revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it may result in damages
- The Director-General deceased
The end of the mandate of the Director-General and the change Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The mandate of the Director-General may end in one of the following ways:
- The Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (For example, he performs duties that do not allow him to be managing director of an anonymous business at the same time)
- Overage
- He arrives at the end of the period laid down in the articles of association
- The Director-General may be revoked : this revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it can lead to damages.
- Death of the Director-General
The end of the mandate of the Director-General and the change Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The mandate of the Director-General may end in one of the following ways:
- The Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (For example, he performs duties that do not allow him to be managing director of an anonymous business at the same time)
- Overage
- He arrives at the end of the period laid down in the articles of association
- The Director-General may be revoked : this revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it can lead to damages
- The Director-General deceased
The end of the mandate of the Director-General and the change Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The mandate of the Director-General may end in one of the following ways:
- The Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (For example, he performs duties that do not allow him to be managing director of an anonymous business at the same time)
- Overage
- He arrives at the end of the period laid down in the articles of association
- The Director-General may be revoked : this revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it can lead to damages
- The Director-General deceased
The end of the mandate of the Director-General and the change Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
On a proposal from the Director-General, the Management Board may decide to appoint one or more persons which will be responsible forassist the director. They are called delegated directors-general.
The selection process must ensure that there is a male and female candidate. And appointments must be made by seeking a gender balance.
The maximum number of delegated Directors-General is laid down in the Statutes. He cannot not be greater than 5.
What are the conditions for the appointment of the Deputy Directors-General?
The statutes of the business must provide for a age limit for the performance of the duties of the Deputy Director-General.
If no limit is set, it is 65 years.
What are the functions of a Deputy Director-General?
He engage the business even in the actions he takes with the third party and which do not fall under the objects of the company business.
On the other hand, if the business proves that the third party knew that the act exceeded the social purpose of the business or that the latter could not have been unaware of it, it is not bound by those acts.
Publication of statutes constitutes the proof of that knowledge of the third party.
The Management Board, with the agreement of the Director-General, shall determine the extent and duration of the powers of the delegated Directors-General.
They have the same powers as the Director General with respect to third parties.
Example :
If a business is selling shoes, it cannot sell computer equipment. The social purpose of the business would not be respected.
How does the term of office of a Deputy Managing Director end?
Répondez aux questions successives et les réponses s’afficheront automatiquement
Business activity
The mandate of a Deputy Director-General may end in one of the following ways:
- The Deputy Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The Deputy Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (e.g. he/she performs duties that do not allow him/her to be the managing director of a business at the same time)
- Overage
- The Deputy Director-General arrives at the end of the fixed period
- The Director-General may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it can lead to damages. The removal of a Director-General may take place at any time at the request of the Director-General
- Death of the Deputy Director-General
- Transformation or dissolving of the business
- Death, resignation or revocation of the Director-General
The end of the mandate a Deputy Director-General and the change of Deputy Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The mandate of a Deputy Director-General may end in one of the following ways:
- The Deputy Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages.
- The Deputy Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (e.g. he/she performs duties that do not allow him/her to be the managing director of a business at the same time)
- Overage
- The mandate of the Deputy Director-General arrives at the deadline
- The Director-General may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it can lead to damages. The removal of a Director-General may take place at any time at the request of the Director-General
- Death of the Deputy Director-General
- Processing or dissolution of the business
- Death, resignation or revocation of the Director-General
The end of the mandate a Deputy Director-General and the change of Deputy Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The mandate of a Deputy Director-General may end in one of the following ways:
- The Deputy Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The Deputy Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (e.g. he/she performs duties that do not allow him/her to be the managing director of a business at the same time)
- Overage
- The term of office of the Deputy Director-General shall be the deadline
- The Director-General may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it can lead to damages. The removal of a Director-General may take place at any time at the request of the Director-General
- Death of the Deputy Director-General
- Processing or dissolution of the business
- Death, resignation or revocation of the Director-General
The end of the mandate a Deputy Director-General and the change of Deputy Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The mandate of a Deputy Director-General may end in one of the following ways:
- The Deputy Director-General may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The Deputy Director-General may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (e.g. he/she performs duties that do not allow him/her to be the managing director of a business at the same time)
- Overage
- The term of office of the Deputy Director-General shall come to the deadline
- The Director-General may be revoked : such revocation may be made by the board of directors at any time. It does not have to be justified. On the other hand, it can lead to damages. The removal of a Director-General may take place at any time at the request of the Director-General
- Death of the Deputy Director-General
- Processing or dissolution of the business
- Death, resignation or revocation of the Director-General
The end of the mandate a Deputy Director-General and the change of Deputy Director-General shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
You have to inform third party of that appointment by means of the following formalities:
- Inserting in a legal listing support
- At the time of registration on the website of the company formalities office, the information is automatically transmitted to the official gazette of civil and commercial advertisements (Bodacc)
SA with Executive Board and Supervisory Board
The Executive Board has the role of direct the business.
The Supervisory Board has the role of to monitor management bodies (the Executive Board), it has no role in the management of the business.
If you are a European national, you can run a business. You must have a valid ID card.
The Executive Board manages the business:
- When it is composed ofsingle member, we are talking about a single director-general, he is the representative of the business.
- When it is composed of multiple members, one of them shall be chosen to serve as President of the business and to represent it.
How are the members of the Executive Board appointed?
The members of the Executive Board shall be appointed by the Supervisory Board.
The Chairperson shall be chosen from among its members by the Supervisory Board.
The members of the Executive Board may be chosen from among shareholders, employees or outside.
It can only be natural persons.
If only one person constitutes the Executive Board, he shall automatically take the title of single Director-General.
For how long are the members of the Executive Board appointed?
The members of the Executive Board shall be appointed for the period laid down in the statutes of the business.
This period must be included between 2 and 6 years.
If the term of office is not provided for in the statutes, then that term shall be fixed at 4 years.
What are the conditions to be met when appointing the members of the Executive Board?
There must be a age limit the performance of the duties of a member of the Executive Board.
If no limit has been set, it shall be 65 years.
What are the powers of the Executive Board?
He can act in any event on behalf of the business respecting the objects of the company business and without encroaching on the powers of the supervisory board and shareholders.
Its mission is to to determine the directions of the activity company and their implementation.
It commits the business itself to acts that it does not fall within the social purpose of the business.
On the other hand, if the business proves that third party knew that the act exceeded the social purpose of the business or that the latter could not ignore it, it is not committed by these acts.
Publication of statutes constitutes the proof of that knowledge of the third party.
Shareholders may decide to limit the powers of the Executive Board in the statutes of the business.
On the other hand, for any person outside the business, the powers of the Executive Board will not be considered to be limited.
For example, if the limitation of powers prevents him from signing contracts that he can usually sign, then the third party who contracts with him will not be sanctioned.
Example :
If the business is engaged in the sale of footwear, it cannot sell computer equipment. The social purpose of the business would not be respected.
When does the term of office of a member of the Executive Board end?
Répondez aux questions successives et les réponses s’afficheront automatiquement
Business activity
The term of office of a member of the Executive Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is already a member of the anonymous business supervisory board)
- Overage
- The warrant arrives at the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages. Revocation may also be made by the Supervisory Board if this has been provided for in the statutes of the business
- The member deceased
The end of the mandate of a member of the Executive Board and the change of a member shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The term of office of a member of the Executive Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is already a member of the anonymous business supervisory board)
- Overage
- He arrives at the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages. Revocation may also be made by the Supervisory Board if this has been provided for in the statutes of the business
- The member deceased
The end of the mandate of a member of the Executive Board and the changeand a member must be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The term of office of a member of the Executive Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member may be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is already a member of the anonymous business supervisory board)
- Overage
- He arrives at the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages. Revocation may also be made by the Supervisory Board if this has been provided for in the statutes of the business
- The member deceased
The end of the mandate of a member of the Executive Board and the change of a member shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The term of office of a member of the Executive Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is already a member of the anonymous business supervisory board)
- Overage
- He arrives at the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages. Revocation may also be made by the Supervisory Board if this has been provided for in the statutes of the business
- The member deceased
The end of the mandate of a member of the Executive Board and the change of a member must be published in order for these situations to apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
FYI
the president of the executive board may be removed only by the supervisory board.
The Supervisory Board shall be composed of 3 or more members and Maximum 18 members. Shareholders may set a maximum limit of 18 or less in the statutes of the business.
The members of the Supervisory Board may not also be members of the Executive Board.
A Chairperson and a Vice-Chairperson shall be elected from among the members of the Supervisory Board.
How are the members of the Supervisory Board appointed?
The first members of the Supervisory Board shall be appointed by the constituent general meeting.
The following members shall be appointed at the ordinary general meeting.
The shareholders may decide in the articles of association of the business that there shall be members on your supervisory board elected by the staff of the business or by the staff of the business and its subsidiaries.
Their number must be less than or equal to 4 and shall not not exceed one third the number of other members.
How long are the members of the Supervisory Board appointed?
Shareholders have the possibility to choose in the statutes of the business the period for which the members of the supervisory board are appointed.
This period must be up to 6 years.
They are re-eligible unless otherwise decided in the articles of association.
What are the conditions to be met when appointing the members of the Supervisory Board?
Parity condition
When appointing the members of the Supervisory Board, a balanced representation men and women.
Age condition
Shareholders must provide in the statutes for an age limit for the exercise of the functions of a member of the supervisory board.
This limit may apply to all members or to a percentage of them.
If the shareholders have not set an age limit in the articles, there can be no more than one third of members over 70 years of age.
When the limits are exceeded, the oldest member shall be considered to be the one leaving the service. This also applies to the trusteeship member.
Qualification condition
Appointed members may be natural persons or businesses.
Where the member is a business, he or she must present a permanent representative. If he is dismissed, the business must find a replacement for him.
Where the member is a natural person, he cannot be a member of the Supervisory Board in 5 anonymous businesses simultaneously. However, if these businesses are controlled by business, there is no limitation.
How are the Chairman and Vice-Chairman of the Supervisory Board elected?
The Supervisory Board of the business shall select from among its members one president and one vice-president who cannot be businesses.
How long are the terms of office of the Chairperson and Vice-Chairperson of the Supervisory Board?
The President and the Vice-President shall continue in their duties until the end of their term of office as a member of the Supervisory Board.
When does the term of office of a member of the Supervisory Board end?
Répondez aux questions successives et les réponses s’afficheront automatiquement
Business activity
The term of office of a member of the Supervisory Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is a member of the supervisory board of 5 other anonymous businesses)
- Overage
- The warrant is coming to the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages
- The member deceased
The end of the mandate a member of the Supervisory Board and all change in the Supervisory Board shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with a maximum of 10 employees
The term of office of a member of the Supervisory Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is a member of the supervisory board of 5 other anonymous businesses)
- Overage
- The warrant is coming to the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages
- The member deceased
The end of the mandate a member of the Supervisory Board and all change in the Supervisory Board shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Craft activity for a business with more than 10 employees
The term of office of a member of the Supervisory Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is a member of the supervisory board of 5 other anonymous businesses)
- Overage
- The warrant is coming to the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages
- The member deceased
The end of the mandate a member of the Supervisory Board and all change in the Supervisory Board shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Liberal activity
The term of office of a member of the Supervisory Board may end in one of the following ways:
- The member may resign voluntarily. He does not have to justify his resignation. On the other hand, it may result in damages
- The member can be forced to resign for one of the following reasons:
- Disability
- Prohibition to manage following a conviction
- Incompatibility (for example, he is a member of the supervisory board of 5 other anonymous businesses)
- Overage
- He arrives at the end date provided for in the articles of association
- The member can be revoked : this revocation may be made by the general meeting at any time. It does not have to be justified. On the other hand, it can lead to damages
- The member deceased
The end of the mandate a member of the Supervisory Board and all change in the Supervisory Board shall be published so that these situations apply to third parties.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
This publication may be made in one of the following ways:
- Insertion Notice in a legal listing support
- Advice in the official bulletin of civil and commercial announcements (Bodacc) following your change statement on the company formalities window:
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
You have to inform third party of that appointment by means of the following formalities:
- Inserting in a legal listing support
- At the time of registration on the website of the company formalities office, the information is automatically transmitted to the official gazette of civil and commercial advertisements (Bodacc)
Who can help me?
Find who can answer your questions in your region
Directorate of Legal and Administrative Information (Dila) - Prime Minister