Drafting and negotiation of companies’ statutes in France and Spain

The drafting and negotiation of the articles of association is one of the most important steps in in setting up a company, as these documents govern the internal functioning of the company, establishing the rules that will guide its operation and management. In Spain as in France, the articles of association define essential aspects such as decision-making, the composition of the board of directors, the distribution of dividends and the relationship between the partners.

At BCVLEX, we can advise you in the drafting and negotiation of articles of association, providing a complete and personalised service to companies that wish to establish themselves in Spain or France. We have a team of commercial and corporate lawyers who ensure that your company’s articles of association comply with local regulations and are aligned with your business objectives.

What are the articles of association?

The articles of association are the set of internal rules that govern a company from the moment it is incorporated. This document is essential for any type of business, as it specifies key elements such as:

• The name of the company
• The head office
• The company’s corporate purpose, or economic activity
• Share capital and its distribution
• Administrative bodies and their powers
• The rights and obligations of the partners.

The articles of association are mandatory in Spain and France and must be submitted to the competent administration for the company to operate legally.

The keys to success in drafting the articles of association

1. Specialized and personalized advice

At BCVLEX, we offer specialised advice on the drafting of articles of association, adapting them to the regulations in force in Spain and France and to the specific needs of each company. We adapt the articles of association and design a legal framework that protects the company’s interests, unique characteristics and long-term business objectives.

2. Prevention of conflicts between partners

A good drafting of a company’s articles of association can help to anticipate conflicts between partners, to clearly define rights and duties, aspects such as the transfer of shares, dispute resolution mechanisms and dividend distribution, to generate clear and transparent negotiation if necessary, and avoid future misunderstandings.

3. Flexibility and adaptation to future changes

We understand the importance of having a flexible corporate structure that anticipates the future growth of the company, which is why we include clauses that allow for the agile amendment of the articles of association in the event of changes in the company structure, the entry of new partners or regulatory changes.

4. Compliance with local regulations

We ensure that the statutes comply with the laws of Spain or France, adapting them to the particularities of each country.

Conclusion

The drafting and negotiation of the articles of association is a crucial step for the success of any company incorporated in Spain or France. At BCVLEX, we offer a comprehensive service that ranges from long-term strategic planning to regulatory compliance, ensuring that your company’s bylaws are fully aligned with your business objectives and local laws. Our team of corporate and commercial lawyers will guide you every step of the way, giving you peace of mind that your business is built on solid and legally secure foundations.