Articulation des différents modes d'exclusion ou de retrait
| Auteur | Michel de Wolf Wolf/Patrick de Wolf Wolf/Pierre Nicaise Nicaise/Laurent Stas de Richelle Richelle |
| Occupation de l'auteur | Réviseur d'entreprises/Avocat/Notaire/Avocat |
| Pages | 209 |
Page 209
Les procédures envisagées ci-dessus sont-elles élisives d'autres modes, statutaires ou conventionnels, d'exclusion ou de rachat forcé?
Une réponse négative s'impose.
La pratique a vu naître des procédures conventionnelles d'exclusion mise au point par la pratique (clause d'exécution en bourse, clause de «changement de contrôle», clause de «rachat forcé») dont la légalité n'est pas contestée, moyennant le respect de certaines conditions.
L'exclusion et l'offre de retrait au sens des articles 334 à 341 et 635 à 643 sont des remèdes ultimes constituant une réglementation supplétive pénalisante.
Il s'agit d'encourager les...
Pour continuer la lecture
SOLLICITEZ VOTRE ESSAI- Le Code des SA et SPRL expliqué
- Résolution des conflits internes
- Exclusion d'un actionnaire ou cession forcée
- Le rachat forcé ou retrait
- Articulation des différents modes d'exclusion ou de retrait
- Offre de reprise ou cession forcée de titres
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