Business law

A structuring legal framework for economic players

Business law governs all economic and commercial activities, guaranteeing the legal security of transactions and regulating relations between companies, institutions and economic players. It covers a wide range of rules applicable to companies, contracts, competition and litigation.

Securing companies, associations and foundations

In a constantly changing environment, marked by increasingly complex standards and regulatory obligations, a strategic and rigorous approach is essential to ensure compliance, prevent risks and defend the interests of companies.

Associations and foundations are just as much a part of the business world as they are of the corporate world, and must comply with a specific legal framework, combining business law, public law and sector-specific regulations. The structuring, governance and management of the financial resources of these entities require particular attention to ensure their sustainability and regulatory compliance. Marie Monnet's expertise in these areas enables us to support these structures in drawing up their articles of association, optimizing their governance and securing their legal commitments.

Legal support covers all aspects essential to the structuring and sustainability of companies, associations and foundations. It begins with the choice of the appropriate legal regime and the drafting of the articles of association, ensuring that they comply with legal requirements. Governance is a major challenge, involving precise definition of powers, rigorous management of internal conflicts and anticipation of risks linked to the liability of directors.

The financing and management of funds require particular attention, especially with regard to the regulations applicable to subsidies, sponsorship and partnerships with the private sector. Securing contractual relations is also essential, whether in negotiations with partners, service providers or funders. Last but not least, we provide support in litigation and specific procedures to assist these structures in the event of administrative control or internal and external disputes, thus guaranteeing effective legal protection tailored to their needs.

Strategic support for optimum legal security

Marie Monnet's expertise in business law and the regulation of the non-profit sector and foundations enables her to assist these organizations with all their legal affairs, guaranteeing a tailor-made approach adapted to their specific challenges.

Areas of intervention

Business law encompasses several disciplines essential to economic life:

Corporate law and corporate governance

Setting up and structuring companies: choice of corporate form, articles of association, shareholders' agreements.
Restructuring operations: mergers, acquisitions, partial asset contributions, transformations.
Executive responsibility and corporate governance.
Dissolution and liquidation of companies.

Law of contracts and commercial obligations

Drafting and securing commercial contracts (distribution, franchising, concessions, partnerships, services).
Negotiation and management of contractual disputes.
Contract performance and breach: termination, non-performance, force majeure.

Competition law and economic regulation

Anti-competitive practices: advice and litigation in cases of abuse of dominant position, anti-competitive agreements and restrictions of competition.
Assistance in the event of an investigation by the French Competition Authority (Autorité de la Concurrence): assistance for companies under investigation.

European Business Law

Application of European Union law: compliance with European regulations on competition, consumer protection and personal data.
Litigation before European bodies: assistance in disputes relating to EU directives and regulations.

Business criminal law

Financial and economic offenses: misuse of corporate assets, fraud, breach of trust, corruption, influence peddling, misappropriation of public funds.
Managers' criminal liability: company directors and governing bodies are held liable for offences committed in the performance of their duties.
Money laundering: disputes relating to the concealment of funds of illicit origin.
Stock market offences and breaches of market rules: insider trading, price manipulation, deliberate dissemination of false or misleading information.
Infringements of competition law: illicit cartels, fraudulent anti-competitive practices.
Criminal labor law: offenses related to labor law (undeclared work, moral or sexual harassment, endangering employees).
Criminal proceedings and litigation: defence before criminal courts, compliance strategies to limit the risk of criminal liability.

Law governing associations and foundations

Set-up and management: assistance with the creation of associations and foundations, compliance with legal and regulatory obligations.
Operation and governance: drafting by-laws, organization of governing bodies, resource management.
Associative litigation: defending the rights of associations and foundations in the event of disputes, assisting with administrative and legal procedures.

A strategic and secure approach to business law

The challenges of business law require cross-disciplinary expertise, combining risk anticipation and responsiveness to litigation. An adapted approach enables :

Optimize the legal and financial structuring of companies to secure their development.
Prevent and effectively manage conflicts, giving priority to pragmatic solutions tailored to business interests.
Ensure regulatory compliance with a constantly evolving legal framework.
Anticipate and limit criminal risks by integrating legal and ethical obligations into company management.

Business law, including its criminal and European dimensions, as well as the law governing associations and foundations, play a fundamental role in regulating economic relations and protecting market players. Our in-depth expertise enables us to support companies and non-profit organizations at every stage of their development, and to defend their interests within a secure framework that complies with legal requirements.

Drafting by-laws: essential legal expertise

Drafting the articles of association of a company, association or foundation is a crucial step in the structuring and long-term survival of any legal entity. These documents define the operating rules, the rights and obligations of associates or members, and the principles of governance. Imprecise or inappropriate drafting can lead to legal, tax and operational difficulties.

Why hire a lawyer?

Hiring a specialist lawyer ensures :

Legal and regulatory compliance: By-laws must comply with legal requirements and adapt to changes in the law. A lawyer will ensure that they comply with company law, the law governing associations and the regulations applicable to foundations.
Secure relations between stakeholders: Clearly defining the rights and obligations of associates, directors or shareholders prevents conflicts and secures investments.
Tailored to specific needs: Every project is unique. The involvement of a lawyer enables us to adapt the articles of association to the objectives of the structure (governance, decision-making procedures, exit clauses, distribution of powers, etc.).
Anticipating risks: A lawyer identifies and reduces legal risks, particularly in terms of management liability, taxation or regulation.

When should you call on the services of a lawyer?

The assistance of a lawyer is recommended in several situations:

Setting up a company (SARL, SAS, SA, SCI, etc.): Choosing the most appropriate legal form, drafting the essential clauses (corporate purpose, distribution of capital, powers of directors, etc.).
Setting up an association or foundation: Definition of the statutory framework in line with the organization's values and objectives, taking into account legal and tax constraints.
Modification of bylaws: Changes to the structure, integration of new associates, change of governance or adaptation to new legislation.
Merger, acquisition or restructuring: Harmonization of bylaws in the event of a merger between several entities.
Conflict prevention and management: Specific clauses to avoid disputes between associates or between the organization and its members.

Customized support for efficient legal structuring

Marie Monnet offers her expertise in business law, public law and regulation to support entrepreneurs, managers and associations in drafting and optimizing their articles of association. Her approach combines legal rigor and strategic vision, guaranteeing a solid, scalable foundation for each structure.

The firm supports a wide range of economic players, including SMEs, entrepreneurs and not-for-profit organizations, offering personalized support tailored to their specific needs. Thanks to a pragmatic and strategic approach, each case is dealt with rigorously in order to provide effective and secure solutions to the legal and economic issues at stake.