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Partnership: the presumption of distribution of income does not apply where amounts are made available to a partnership rather than directly to the individual partner

Commercial and company law, Tax law

Estimated reading time (in minutes) Presumption of income The presumption that the sums paid by a company to its partner as advances constitute income distributed to the partner unless proven otherwise (CGI, art. 111, a) does not apply when the sums are made available...

Representation of companies: publication of the appointment of the manager to the RCS

Commercial and company law

Estimated reading time (in minutes) The Court of Cassation recalls that from the date of his appointment, the new manager is authorized to represent the legal person in all acts of the criminal proceedings followed against him, regardless of whether this appointment...

Law of companies in difficulty: details on the powers of the liquidator

Commercial and company law

Estimated reading time (in minutes) Jurisdiction of the liquidator: jurisdiction and limits The case revolves around a situation where a Société Civile Immobilière (SCI) sells one of its buildings, but the buyer delays registering the price. In addition  , the manager...

Unpaid bills and late payment interest: freedom of contract must take precedence!

Commercial and company law

Estimated reading time (in minutes) To anticipate unpaid bills, it is always advisable to include a clause relating to late payment interest to make them run as soon as possible. As part of a share transfer operation, the transferor has sued the transferee in order to...

Partial contribution of assets: absence of the autonomous nature of the activities contributed

Commercial and company law

Estimated reading time (in minutes) When the contributed activity is dependent on other ancillary activities, it does not constitute an independent branch of activity, likely to benefit from the partial asset contribution regime. A Company contributed to another...

Selling computers with pre-installed software is not always an unfair business practice

Commercial and company law

Estimated reading time (in minutes) The Court of Cassation refuses to consider, with regard to the sale of computers online, that the sale of a computer with pre-installed software constitutes an unfair commercial practice , since the customer has the possibility of...
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