This skill guides the drafting of interlocutory applications before the president of the commercial court or the economic activities court when a partner requests an injunction for the communication of corporate documents on the basis of Article L. 238-1 of the French Commercial Code.
Single legal basis : Article L. 238-1 of the French Commercial Code (do not use Article 145 of the French Code of Civil Procedure).
Conditions of the action (Article L. 238-1)
For the action to be admissible, 4 conditions must be met:
- Status as a partner : The claimant is a partner of the company (with percentage of shareholding)
- Documents covered by the right to communication : Corporate documents of the last 3 financial years (management report, inventory, annual accounts, text of resolutions, reports submitted to general meetings, minutes of general meetings)
- Application personally directed at the director : The application must be directed at the manager/president in that capacity
- Characterized obstruction : Documented refusal or partial disclosures
Drafting workflow
Phase 1: Collection of information
Collect all necessary information from the user. Consult workflow-informations.md for:
- The 12 standard questions to ask
- The information to collect on the parties, the company, the dispute, the context and the proceedings
- The documents available to be inventoried
Phase 2: Drafting of the application
Draft the application following the 5-part structure. Consult structure-assignation.md for the complete template:
- Header
- Mandatory warnings (Article 861-2 of the French Code of Civil Procedure)
- Body: MAY IT PLEASE THE PRESIDENT (Facts + Discussion)
- Operative part: FOR THESE REASONS
- Schedule of exhibits
Phase 3: Verification and finalization
Consult workflow-informations.md for:
- The key drafting points (style, tone, chronology)
- Adaptation according to the corporate form (SARL, SA, SAS, SNC)
- The mistakes to avoid
Phase 4: Creation of the document
Create the final document in .docx format and present it to the user.
Essential elements not to forget
Standard documents to request (SARL)
- The management report
- The inventory
- The annual accounts
- The text of the proposed resolutions
- The reports submitted to the general meetings
- The minutes of the general meetings
Usual periodic penalty payment parameters
- Amount: 1,000 to 2,000 euros per day
- Duration: 60 days
- Starting point: "7 days after service"
Irrecoverable costs (Article 700 CPC)
- Usual amount: EUR 5,000
Essential documents
- Company's Kbis extract
- Company's articles of association
- Correspondence (RAR, emails) documenting the requests
- Notices for general meetings with incomplete documents
- Any document proving the obstruction
Articles according to the legal form
| Form | Applicable article |
|---|---|
| SARL | L. 223-26 |
| SA | L. 225-115 et seq. |
| SAS | L. 227-9 and L. 228-69 |
| SNC | L. 221-7 |
Detailed references
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Structure of the originating summons : See structure-assignation.md for the complete template of the 5 parts (header, warnings, body with facts and legal discussion, operative part with penalty payment, list of documents)
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Workflow and information : See workflow-informations.md for the 9-step drafting workflow, the information to collect, the 12 standard questions to ask, the key drafting points, the adaptation according to the legal form, the reinforcing contextual elements, and the mistakes to avoid