He facts found and the court decisions in the past is a base and a solid reference for judges against offenders. The latter, with only limited room for maneuver, however, know a marked increase from one year to another. Committed by leaders accusing income more than substantial violation that economic and financial principles are clearly defined in Articles L241-3 and L242-6 of the Commercial Code. Thus, all the points constituting a misuse of corporate assets should always be carefully checked for future reference.

corporate_assets

It originated, the misuse of corporate assets for political answer to the financing of political parties at the expense accounts of one or more companies. This system of occult are mobilized in many forms. The cases in this area has helped establish a jurisprudence which is involved in the current form of this offense. In this sense, the individual leader is made directly responsible, and since December 31, 2005, penalties may apply as well to corporations, excluding the state and its various representations.

The misuse of corporate assets: the notion

The misuse of corporate assets for any offense indicating a use contrary to the social, property, credit, or voting powers of society committed by a company manager of a commercial French. Thus, it may be a misappropriation of a company for personal interests or rather a voluntary abstention in order to promote another institution in which the manager has direct or indirect interest. The misuse of corporate assets may be considered in a public limited company (SA), a limited liability company (LLC), a company limited by shares, a cooperative or insurance, an investment company or real estate construction, or a savings bank. A company with a different legal form can not be affected by this abuse as well as those with headquarters abroad.

Therefore, the misuse of corporate assets promotes acts contrary to the interests of society for personal gain of any kind. Thus, a decision that could jeopardize the future of society, such as gifts too can be considered an offense in the same way as an assignment of lease for a building social priced negligible.

The misuse of corporate assets: the limits

Under similar conditions, can only be called a crime of abuse of corporate assets if not perpetrated by a company manager or has been committed in a non-trading company. It will then issue a breach of trust. So will he a foreign law firm. Similarly, an officer no longer that capacity at the time of the finding of the package can only be sued for breach of trust. This offense is governed by Article 314-1 of the Criminal Code, requiring the completion of a diversion, followed by damage due to bad faith.

Also, if a diversion occurs before the cessation of payments of a company, the misuse of corporate assets is generally retained. Otherwise, if an officer makes a misappropriation of assets within a company in receivership, in bankruptcy or insolvency after a while it is a diversion of assets from bankruptcy following article L626-3 of the Commercial Code.

The misuse of corporate assets: the penalties

The increase of offenders convicted of misuse of corporate assets does not reflect actions taken. Indeed, a sentence of five years term of imprisonment, and a fine of € 375 000. In addition, a minority of offenders serve their sentences in prison since more than 80% have a reprieve and just pay the fine.

As for the breach of trust, it is liable to three years imprisonment and a fine of € 375 000. Applied on a broader basis, this offense may be punished by penalties after extra Penal Code and at the discretion of the judge. In addition, if bankruptcy can lead to 5 years in prison and a payment of € 275 000 fine, it can also lead to the pronunciation of the bankruptcy or the prohibition to manage. This award may also be applied temporarily to the misuse of corporate assets as well as the prohibition of professional activity.