French Commercial code
In forceConsular higher education establishments are legal entities under private law governed by the legislative provisions applicable to public limited companies, insofar as they do not conflict with the specific provisions governing them.
The territorial chambers of commerce and industry and the regional chambers of commerce and industry hold, directly or indirectly, alone or jointly, where applicable with one or more interconsular groupings, the majority of the capital and voting rights at the general meeting of these establishments. No other shareholder or group of shareholders, acting alone or in concert, may hold, directly or indirectly, more than 33% of the voting rights at the general meeting of these institutions.
The regions concerned, alone or, under an agreement, with other local authorities and their groupings, may take a stake in the capital of consular higher education establishments.
Where applicable, and notwithstanding Article L. 225-20, the civil liability of representatives of local authorities on the board of directors of a consular higher education institution is incumbent on the local authority or grouping for which they are representatives.
Locally elected representatives acting as representatives of local authorities or their groupings on the board of directors or supervisory board of consular higher education establishments and performing the duties of a member of the board of directors or supervisory board are not considered to be municipal, departmental or regional service contractors within the meaning of articles L. 207, L. 231 and L. 343 of the Electoral Code and no longer considered to be interested in the case within the meaning of the article L. 2131-11 of the General Local Authorities Code, when the local authority or grouping is deliberating on its relationship with the consular higher education establishment. Local elected representatives may not take part in tender committees when the consular higher education establishment of which they are a member is a candidate for the award of a public contract.
Subject to article L. 443-1 of the Education Code, consular higher education establishments are authorised to carry out in France and abroad, subject to the agreement of the governments concerned, themselves and through subsidiaries or holdings, any activities that are directly or indirectly related to their missions and activities, as defined by the agreement referred to in article L. 711-19 of this code, as well as any other activity provided for in their articles of association.
When a consular higher education institution has made a distributable profit, within the meaning of the first paragraph of Article L. 232-11, it is allocated to the constitution of reserves.
The statutes of consular higher education establishments are approved by order of the ministers responsible for higher education, trade and industry.
