The main questions

The time required to raise capital varies according to the investor (investment funds, “love money”…) and therefore the terms of the transaction (agreement, investment contract, management package…).

For example, the entry of an institutional/investment fund into a company’s capital is organised on average over a period of 6 months.

Various profit-sharing tools are at your disposal and allow your employees to benefit from additional remuneration, by acquiring a share of the capital at an effectively or potentially advantageous price. Now this makes you want to stay in the company, doesn’t it?

Tool examples: business creator share certificates (BSPCE), free shares…

First step: ensure that your company is eligible for these different schemes!

Second step: share the strategic stakes of this incentive with Spark.

Third step: build and implement the most appropriate scheme(s) with Spark.

The Social and Economic Committee (“CSE”) replaces all employee representative bodies. This new forum for dialogue between employees and employers, which also plays an important role in employee health and safety, is mandatory in companies with 11 employees or more.

In both cases, the company is in a state of insolvency (net cash flow lower than debts due). This requires the manager to “file for bankruptcy”. He or she files for receivership, if pursuing activities is a possibility, or for court-ordered liquidation if operations cannot be continued.

Although, as French lawyers, we can all indeed claim the title “Maître”, at Spark we have a very close relationship with our clients. They usually call us by our first names, but you are free to choose!

Yes, you will continue to be the decision-maker throughout the procedure. The judicial administrator appointed by the court usually only provides assistance.

In 2018, more than 20 closings were carried out at the firm! We have an XXL supply of bubbly to drink with you in celebration of the wonderful event! Any particular brand preference?

Do you want to be a new branch on the Spark star? Or complete your internship in a sparkling firm? Send your CV and cover letter to a.olive@spark-avocats.com

Let’s talk about success factors instead!

Quality communication at all times between buyer and seller, proper role distribution within the acquisition team, negotiation with a view to achieving mutual gains, a balanced position, and a good conductor (us!).

The confidentiality of correspondence exchanged between lawyers is an ethical obligation to which we are bound. Consequently, our clients are not copied on the emails exchanged with our colleagues, but are of course kept up to date on all the information relating to their file.

Good news! This allows us to discuss elements which may not later be produced in court, nor be subjected to a waiver of confidentiality in the event of an interruption in the talks, or of any subsequent dispute.

Note that this rule is sometimes waived at the end of a sale, acquisition or capital raising.

This is declaring insolvency with the Registry of the Commercial Court (via a form containing the list of the company’s claims and debts), concluding that the net cash flow is inferior to the amount of debts owed, and submitting a request to open insolvency proceedings or court-ordered liquidation.

Every case is unique! It all depends on the terms of the takeover or sale. We bank on 6 months at the very least, with an average of 9 to 12 months for the entire process.
Spark always does its utmost to ensure a smooth process, the red line being the legal security of your activities!

Our areas of expertise list is not exhaustive.

Do not hesitate to tell us about your project. We take up many challenges and count numerous experts amongst our collaborators: we will be happy to introduce them to you if we cannot directly satisfy your needs.

As incredible as it may seem, yes!
And on top of it we’re also lawyers!

We are delighted to welcome our customers to our offices; this guarantees strict confidentiality. However, we also consider it essential for us to discover your own ecosystem: offices, production areas, annexes, etc.

Prior to any conciliation or safeguard procedure.
The purpose of an ad-hoc mandate is to redress the company’s financial situation before it reaches insolvency.

It all depends on your financing needs, and the value of your company.

This depends on the proceedings (emergency/ summons…) and the court in question (High Court, Commercial Court, Labour Court…)
Urgent proceedings before the Presiding Judge of the Commercial Court take roughly four months, whereas traditional proceedings on the merits last an average of 18 months.