French Commercial code
In forceWhere, in the cases provided for in the first paragraph of Article L. 22-10-39, the shareholder is represented by a person other than his spouse or the partner with whom he has entered into a civil solidarity pact, he shall be informed by his proxy of any fact enabling him to assess the risk that the proxy may be pursuing an interest other than his own.
This information shall relate in particular to the fact that the mandatary or, where applicable, the person on whose behalf he is acting :
1° Controls, within the meaning of Article L. 233-3, the company whose meeting is called;
2° Is a member of the management, administrative or supervisory body of that company or of a person who controls it within the meaning of Article L. 233-3;
3° Is employed by that company or by a person who controls it within the meaning of Article L. 233-3;
4° Is controlled by or performs one of the functions mentioned in 2° or 3° in a person or entity controlled by a person who controls the company, within the meaning of Article L. 233-3.
This information is also provided where there is a family relationship between the mandatary or, where applicable, the person on whose behalf he is acting, and a natural person placed in one of the situations listed in 1° to 4°.
When, during the course of the mandate, one of the events mentioned in the previous paragraphs occurs, the agent must inform the principal without delay. Should the latter fail to expressly confirm the mandate, it shall lapse.
The agent shall notify the company without delay that the mandate has lapsed.
The conditions for the application of this article shall be specified by decree in the Conseil d'Etat.
