AREAS OF EXPERTISE

COMMERCIAL AND CORPORATE

Violaine Motte Esq. supports her clients in the following steps of companies’ life:

advise on the choice of the appropriate legal structure (JSC, Simplified JSC, Simplified single-shareholder JSC, LLC…);
drafting of articles of association, shareholders agreements and joint-ventures agreements;
support and monitoring the implementation of formalities, capital increase, general meetings.

representation in summary proceedings, expertise proceedings and proceedings on the merits;
contractual liability, breach of contracts, wrongful breach of established commercial relationships (in French « rupture abusive de relations commerciales établies »), enforcement of representations and warranties agreements;
tort liability, breakdown of negotiations, unfair competition;
debt collection, precautionary seizure and enforcement proceedings.

Violaine Motte Esq. assists her clients in advisory and contentious law on the following subjects:

support for lessors and lessees in the drafting and negotiation of a commercial lease, advise on rules based on public policy or on contractual freedom, advise on the distribution of the cost of the work;
drafting of deeds of assignement of leasehold rights and assignement of business assets, completion of formalities and monitoring of the creditors opposition procedure;
issues and disputes on the renewal or termination of the commercial lease, unpaid rents, non-compliance with the destination of the commercial lease, implementation of the cancellation clause, valuation of eviction compensation.

support and representation of the trustee, the syndicate of co-ownership, co-owners or residents;
issues and disputes on the use and enjoyment of common areas, common or private works, non-payment of co-ownership charges, co-ownership regulations, destination of the building, dispute of the minutes of the general meeting, expertise proceedings;
disputes between co-owners, disputes with the property manager and/or the co-ownership, neighborhood disturbances.

support for clients, project managers, engineering offices or companies in all phases of the construction operation;
drafting of contracts, completion and taking over of works, litigation on construction defects, insurance coverage, liability claims, expertise, completion guarantee.

support for sellers, buyers, real estate agents or the notaries;
issues and disputes relating to the wrongful withdrawal of one of the parties, defects in consent, hidden defects, surface area, wrongful non-fulfillment of the condition precedent (refusal of loans), enforcement of the penalty clause or the immobilization allowance, release of the escrow account.

Violaine Motte Esq. assists and supports companies, managing directors, guarantors or creditors in the following stages:

ad hoc mandate in the absence of suspension of payments, in order to negotiate the debts of the company;
conciliation in the event of suspension of payments for less than 45 days, to solve the economic, legal or financial difficulties of the company, whether proven or foreseeable.

rapid safeguard proceedings, during the conciliation procedure;
safeguard proceedings, in the absence of suspension of payments;
judicial receivership / liquidation / simplified liquidation proceedings, in the event of suspension of payments.

dispute relating to receivables before the bankruptcy judge and the commercial court;
guarantor’s liability;
directors’ liability for insufficient assets and/or personal sanctions.

drafting and filing of the request, declaration of suspension of payments, claims’ declarations;
support and representation at meetings with receivers/liquidators, classes of creditors (credit institution/suppliers etc.) hearings before the bankruptcy judge and the commercial court;
setting up/negotiation of a prepack cession, a conciliation agreement, a business continuation or sale plan, a creditors repayment plan.

Mobile phone: +33 6 28 68 89 01

Court mailbox B1091

34 rue de Liège

75008 Paris France

Metro stations Liège, Europe, Saint-Lazare

Mobile phone: +33 6 28 68 89 01

Court mailbox B1091

34 rue de Liège

75008 Paris France

Metro stations Liège, Europe, Saint-Lazare