LexInter | February 25, 2016 | 0 Comments



expected, in the first place, that after noting that the methods chosen by the parties to carry out the sale of the securities of the company Au Printemps are explained by the convergence of their wishes according to their own objectives, namely, for the group Z …, avoid the cumulative tax charges of a direct sale of the shares held by the company Samag, then the liquidation of this company to release the funds and, for the company Pinault, not to acquire more voting rights that the direct sale of the securities would not have transmitted to it, the judgment notes that the conversion of the securities, in itself regular, has effectively produced the loss of the voting rights that the law attaches to it, and retains that the agreement does not was neither artificial nor fictitious; that Cass. com. November 29, 1994

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