The first bill aims to supplement Article 71 of Law No. 5.96 on general partnerships, limited partnerships, limited partnerships with shares, limited liability companies and joint ventures, which concerns the conditions and formalities for convening general meetings (GMs) of these companies.
This proposal consists of adding a paragraph to the article in question, derogating from the general rule which prohibits a partner from calling a general meeting, in the event of a vacant manager position, according to the following wording: “By way of derogation from the above provisions, one or more partners mentioned in paragraph 4 of this article may, in the event of a vacant manager position for any reason whatsoever, call a general meeting of the company to appoint its new manager”.
Regarding the second bill, its objective is to supplement Article 85 of the same law, including the last paragraph which states that “the company is not dissolved by the death of a partner, unless otherwise stipulated in the statutes”.
Under this proposal, another paragraph was added to the article, stipulating that “in the event of the death of the sole shareholder, his heirs or beneficiaries may address a request to the president of the competent court to appoint a proxy to convene a general meeting of the company with a view to updating its statutes with the aim of complying with the law within 60 days from the date of death”.
As for the third bill relating to the Insurance Code, it provides for extending to 60 days instead of 20 days the deadline set for policyholders to notify the insurer of catastrophic events.
The proposal includes a single article amending the provisions of Article 64-5 which now stipulates that “the insured is required to notify the insurer of the occurrence of any event likely to trigger the latter’s guarantee, as soon as he becomes aware of it and at the latest within sixty (60) days of said occurrence. This period cannot be reduced by agreement to the contrary. It may be extended by the administration on a proposal from the Authority. The insured may notify the insurer of the occurrence of the aforementioned event beyond the period provided for in the 1st paragraph above in the event of absolute impossibility of doing so, in the event of a legitimate reason, unforeseeable circumstances or force majeure”.
2024-09-06 01:12:28