Business and commercial law

In business and commercial law (sale of a business, transfer of shares, commercial leases, incorporation of commercial and family companies, partnership agreements, etc.), legal certainty is of paramount importance:

Assignment – subject to a specific form?

The assignment of a business may be documented by a notarized deed or a private agreement, provided however that a clause in the commercial lease does not require the assignment to be made by notarized deed.

The importance of transferring a business by notarized deed

It is essential to include certain mandatory statements in the transfer deed (Commercial Code, Article L.141-1 I°) (origin of ownership, actual liabilities, turnover and results, reminder of accounting endorsement obligations). The omission of these statements may, at the buyer’s request made within one year, result in the annulment of the sale deed (Commercial Code, Article L.141-1 II°).


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