Prise En La Personne De Son Representant Legal

The name of the legal representative©varies depending on the legal form of the company©© you are forming©! © The bottom line: The word «leader» refers to©the person who directs and makes decisions, also known as© «representatives©of equals©.» In the present case, the formal requirements laid down by the legislative text are intended to ensure the sound administration of justice and, in particular, compliance with the principle of legal certainty. The requirement to indicate the legal form, company name, registered office and body legally represented by an applicant legal person therefore appears legitimate in order to ensure compliance with the principle of legal certainty and thus to enable the court and the defendant to satisfy themselves that an action is brought by a body empowered to initiate and represent the legal person. You now know©the role of the representative of a©©©©company (also called© corporate officer or administrator) and his specifications©©! If you want to embark on the adventure, ©do not hesitate to contact the Simplitoo team of experts©! They take care of all your formalities©of incorporation© of the company, from the articles of association to the publication of©the legal notices©. Other cases may terminate the mandate, such as illness or death©. For other reasons, a news item must be signed© by the partners©and a new storm warning must©©be issued©. In addition, Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation (EU) 2017/1001 on the EU trade mark (Lexbase No L0431LK8) expressly provides for the possibility to regulate the notice of appeal if the information relating to the identity of the applicant has been omitted (Article 23.1). On the other hand, the conditions of his appointment may be determined©at a general meeting©©©. Thus, a certain practice has developed among the parties to the proceedings of not specifying precisely the body representing the company and of favouring the formula «adopted in the person of their legal representatives residing in that capacity at that seat». This is to avoid any potential controversy if the company changes its corporate form/legal representative without informing its board of directors, even if a summons is to be issued in its name. In the absence of an appeal, the relevant documents instituting proceedings were validated by the French courts [8]. It may be signed©for an indefinite or indefinite©©©©© period. © This aspect is determined© by the members©when©drawing up the statutes.

However, © his term of office may end before the date fixed© by personal or forced election. The phrase «in the person of his legal representative in office» is generally used in practice. The Court of Cassation considers that the need to indicate the body representing the legal person does not require the indication of the name of the person exercising the power of representation (Cass. 2nd civ., 14 Jan. 1987, No. 85-15.200) and that the indication of the legal form of the legal person «in addition to the form in which it acted in accordance with the procedure and diligence of its legal representatives», is sufficient, since it makes it possible to identify the body authorized to represent the person (Cass.

Archivado en: Sin categoría Publicado en: 27/11/2022

febrero 2023


  • No hay categorías