Pujol Avocats — business law firmParis · Perpignan · Barcelone

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Business law, explained

The developments that matter to company directors, explained without jargon and with what they mean in practice for your business.

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Legal news

Developments in business law and what they change for your business.

Corporate law

Abuse of majority rights: when a majority decision can be challenged

Two cumulative conditions, one of which defeats most claims. And a time limit reduced from three years to two, which most online sources still get wrong.

Corporate law

Sale of a going concern: what transfers, and what does not

What follows automatically, what needs a third party's consent, what never follows. And the chain of deadlines that explains why the price is not received on signature.

Commercial contracts & leases

Limitation of liability clause: what it covers, and when it falls away

Three clauses decide what non-performance costs. All three are valid in principle, and it is the cases in which they give way that separate a useful clause from a decorative one.

Debt recovery & insolvency

Filing a proof of debt: the two-month deadline, what missing it costs, and what to put in it

The period runs from publication in the BODACC, not from the insolvency practitioner's letter. And what lateness carries away is not the debt: it is the security and the claim against the guarantor.

Intellectual property

Registering a trade mark: the four choices that decide whether you keep it

€190 and twenty minutes of form-filling. But a specification is never widened: trade marks are rarely lost in court, they are lost at the moment of filing.

Business transfer & tax

The holding animatrice: what qualifies it, and what the tax authorities check

Two holding companies with identical articles, two possible classifications. What separates them is not read off the register: it is demonstrated on the day of the audit, with dated records.

Commercial contracts & leases

Eviction indemnity: how what your landlord owes you is calculated

A notice refuses renewal. What you obtain depends on the period printed on the document, the calculation scenario adopted, and the premises you have not yet left.

Debt recovery & insolvency

Formal notice to pay: the wording that makes it work, and what it triggers

Each phrase in the letter triggers an effect, on a precise date. And between businesses, the most cited effect is precisely the one that does not need the letter at all.

Data & GDPR

Record of processing activities: what each column must contain

Seven columns for the controller, four for the processor. And a 250-employee threshold which, because of one word repeated twice, lets almost nobody off.

Unfair competition

Abrupt termination of commercial relations: the notice owed and the loss recoverable

The provision does not penalise termination, but its abruptness. What remains is what notice was owed — and why notice given may never have been effective.

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