Commercial law

The lawyers specialized in Business Law at ARPEGE LAW FIRM assist the micro-businesses and SMEs in the different steps.

Their consulting activities are geared towards creating and selling businesses. They also support companies in the framework of contract audit.

Our lawyers are essentially trained to anticipate and resolve potential disputes.

ARPEGE LAW FIRM, commercial activities include:

  • Due diligence in connection with business sale or partnership (merger and acquisition)
  • Acts of trade and goodwill, commercial leases, sale or acquisition of commercial properties which have been detailed in real estate law section,
  • Commercial litigation: The Company must constantly ensure the respect of its commercial interests to survive in an increasingly competitive world.

ARPEGE LAW FIRM know-how in dispute resolution in the context of conflicting commercial relations is recognized. Commercial law is above all a law of litigation, anticipation and strategy.

Unfair competition: This is an abuse of a company’s business practices towards its competitors. The misconduct constituting this disrespect in commercial practises, are grouped into four categories. They are called parasitism, disorganization, denigration and imitation. It is important to act quickly to gather all the evidence of these violations before any trial.

Breach of contract litigation: The Company must also react to its partners failing to fulfil a contractual obligation, and to recover its unpaid depts.

It must sometimes, solve partner or shareholders disputes.

Non-fulfilment of the clauses of the contract, breach of contract, judicial termination, compensations, settlement of disputes after sale of on-going business, breakdown in the negotiating process, termination of established commercial relationships, contractual and extra-contractual liability,

In addition, when a customer doesn’t pay his invoice by the due date, after verifying the merits of his claim, the debtor’s situation and after some unsuccessful reminders, it is often time for the creditor to initiate a debt collection procedure. It is then offered to him one of the the three main procedures of dept collection namely: “l’injonction de payer, le référé provision and l’assignation au fond”.

The choice by the creditor of one of these three ways is mainly dictated by the degree of solidity of his claim, the cost of the procedure, the speed and the simplicity of handling the matter.

The Firm ARPEGE LAW FIRM has already collected tens of thousands of Euros on behalf of its clients.

After a study of your case, we will be able to determine together the solution adapted to your situation.

Specific professional responsibility (regulated professions, developers, builders) and managerial responsibility: Despite the existence of your professional liability insurance, sometimes the insurer tries to shirk its obligations.

It also happens that you or your employees have to defend your interests before the civil courts.

Thus, your civil liability can be imposed:

  • When one of your employees has caused damages to a third party in the course of his work for example, while he was on a mission with a client.
  • When a client feels that he has been prejudiced as a result of a negligent act of your company.
  • When employees and the manager himself have involuntarily breached a contractual obligation, and are considered to be responsible for negligence, delay, etc., the consequences of which are significant for a third party.
  • If a subcontractor does not respect his obligations and you are implicated as a co-contractor.

Corporate Law, disputes between partners, Companies post-acquisition conflict.

Set up, formation of different commercial companies, drafting of statutes, registration, legal publications, appointment, transfer of shares, modification of share capital, transfer of control and guarantees.

Invitation and holding of General Assembly, minutes of the general assembly, challenging any decision of the general meeting, evaluation and calculation of common shares.

Negotiation and drafting of commercial contracts, distribution, franchise, commercial agency, general conditions of sale and purchase, distribution contracts, sales contracts, service contracts.

Set up of commercial partnership, such as a network of franchises or a commercial joint venture.