La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
NEW ADVANCE ON THE WAY FOR THE COMBINING OF PROFESSIONALS IN FIGURE AND LAW FOR 2014
A decisive step has just been taken in the development of a legal framework allowing the grouping together of legal and financial professionals, with the aim of offering clients who so desire a "one-stop shop" for the treatment of their legal and accounting needs. Decree n°2014-354 of March 19,2014 has a symbolic scope, in that it completes, by making effective the possibility of creating multi-professional Sociétés de Participations Financières de Professions Libérales (SPFPL), a process of evolution of our law initiated in 2001, but debated since the entry into force of the law of July 24,1966 on commercial companies.
In other words, the step of "capital-intensive inter-professional cooperation" has now been taken. Lawyers, notaries, notaries, judicial officers, bailiffs, chartered accountants, auctioneers, auditors and industrial property attorneys can henceforth join together with a view to elaborating joint financial and investment projects, while preserving the autonomy that is traditionally theirs in the exercise of their profession.
On a technical level, Article 32-1 of Law No. 90-1258 of 31 December 1990 and its implementing provisions will allow the creation of holding companies, likely to take the form of a limited liability company (SARL), an SA, an SAS or an SCA, which will simultaneously hold shares in SEL or ordinary commercial companies of one of the seven above-mentioned professions.
Interprofessionality has been expected for several years now and reflects the needs expressed by both professionals and their clients.
The former, first of all, will be able to "invest together in order to act together", as Edouard de Lamaze put it, by communicating and sharing the information gathered by all the related professions, and by pooling a certain number of services necessary to carry out their activities, such as secretarial work and legislative and regulatory monitoring.
The latter will then be able to benefit from all the virtues that the use of the services of a multidisciplinary team can provide when it comes to carrying out a major asset transaction, such as transferring, restructuring or safeguarding a company. Perceived as an instrument of "conquest and efficiency", such an innovation also increases the capacity of the French professionals concerned to face formidable foreign competition, whose lead is made up of colossal Anglo-Saxon structures that made pluridisciplinarity the first of their assets several years ago.
While the entry into force of such a text is therefore to be welcomed, as you will have understood, it should nevertheless be noted that the purely capitalist nature of the interprofessional nature thus established leaves certain barriers unresolved, since each profession will, as a matter of principle, retain its full autonomy and will continue to be subject to its own ethical rules, so that a gap with the Anglo-Saxon working methods will necessarily remain.
While such a nuance is not regrettable in itself, some professionals, however, are already calling for the establishment of an overall interprofessional approach which would take shape from the very beginning of the training of future professionals in figures and law, and which would last throughout their career.