Revocation / Negotiated departure

Astaé also acts on behalf of executives holding corporate offices when a shareholder intends to terminate or not renew their term of office.
Sometimes, the parties agree to part ways amicably through a negotiated termination accompanied by the payment of compensation. In this situation, Astaé’s lawyers are able to help the representative position the negotiation correctly, taking into account all the relevant context.
In most cases, the shareholder chooses to dismiss the director. Depending on the legal form and the company’s articles of association, the conditions for dismissal may be relatively lenient and open to abuse. In fact, some executives are dismissed for highly questionable reasons.
Fortunately, case law has provided some compensation for executives, particularly when they are in a de facto relationship of subordination or when their dismissal is vexatious and/or abusive and/or without respect for their rights of defense.
As in all crisis management situations, Astaé’s lawyers respond extremely quickly to assist dismissed executives. We try to favor a settlement agreement. However, in the interests of our client, we always anticipate the possibility of litigation and do not hesitate to take the appropriate steps.