On the occasion of the ACE – Avocats, Ensemble congress in La Grande-Motte, the Corporate Law Commission spoke this morning on the major balances between the statutory and the extra-statutory (including the shareholders’ agreements)
A series of decisions of the Court of Cassation recalls the primacy of the statutes over all extra-statutory acts (for the last C Cass. com. 12.Oct. 2022 21-15.382 and 9 July 2025 24.-10.428). The church was put back in the middle of the village in a logical way, but not without potentially worrying practical consequences (who has not seen contractual renunciations of obligations provided for in the statutes?)
This morning, no solutions yet precise to adapt to a new positive law whose trend is clear but whose scope requires a serious and rapid change in habits to secure the life of companies”-Thierry Aballéa, Président Bretons du Barreau, Membre du Conseil National des Barreaux, AMCO Barreau de Paris, co Chair M&A Commission ACE
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