When setting up a company, a partner may decide to make a contribution. It may also do so during the life of the company, in particular during a capital increase. The contribution in kind, i.e. in goods, must be valued by an independent expert outside the company: the contributions auditor. The latter is chosen from the list of statutory auditors or judicial experts at the Court of Appeal. The mission of the contributions auditor is to assess the value of assets contributed to a company and, where applicable. The latter shall submit an evaluation report to the Trade and Companies Register, which shall be annexed to the articles of association. If the partners do not retain the valuation established by the contributions auditor, they are jointly and severally liable for five years towards third parties for the value attributed to the property(ies) by the contributions auditor. The appointment of the contributions auditor is made at the request of the founders. The application shall be filed at the registry of the Commercial Court in two original copies, dated and signed by the founder(s). Attention: when the contribution is made in the context of a capital increase, the appointment of the contribution auditor is made only at the request of the company’s legal representative. The fees of the auditor shall be borne by the founders.
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