Question 9493 — businesses

Summary

Articles 19 and 20 of Law No. 2014-856 of July 31, 2014, relating to the social and solidarity economy, created an obligation to inform employees in advance in the event of the sale of their company, when it has fewer than 250 employees. This system, codified in Books I and II of the Commercial Code, applies in the event of the sale of a business or a participation representing more than 50% of the shares of a company. limited liability company or, where applicable, shares or securities whose block gives access to the majority of the capital of a joint stock company. As long as they meet these conditions, sales made within the same group of companies fall within the scope of the obligation since, on the one hand, they carry out a transfer of ownership between two legally distinct persons and, on the other hand, On the other hand, they do not appear among the cases of exemption exhaustively listed by the commercial code. This system was modified by article 204 of law no. 2015-990 of August 6, 2015 for growth, activity and equal economic opportunities, in particular to limit its scope of application to the sole case of sale. This made it possible to exclude a certain number of intra-group restructuring operations (for example, partial contribution assets). Furthermore, the aforementioned law of August 6, 2015 provided that, in cases where the proposed sale was the subject of information to employees within the framework of the three-year obligation of information on the takeover of a business provided for in article 18 of the aforementioned law of July 31, 2014 during the twelve months preceding the sale, this project will not be subject to prior information of employees and the related two-month period, what can facilitate intra-group sales. It does not seem desirable to introduce a new case of exemption for intra-group sales which would complicate the system.

Machine translation from French. The official text remains authoritative.

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