Revocation / Negotiated departure

Astaé also acts in the interests of executives holding corporate offices when the shareholder is considering terminating or not renewing their term of office.

Sometimes, the parties agree to separate amicably in a negotiated termination with payment of compensation. In this situation, Astaé's attorneys are able to assist the agent in correctly positioning the negotiation, taking into account all the contextual data.

In most cases, the shareholder chooses the revocation route. Depending on the company's corporate form and the company's statutory provisions, the conditions for revocation may be less restrictive and may lead to abuse. In fact, some executives are dismissed for highly questionable reasons.

Fortunately, case law has made it possible to provide some compensation to directors, in particular when they are in a de facto subordinate relationship or when their dismissal occurs in a vexatious and/or abusive manner and/or without respecting the rights of the defense.

As in any crisis management, Astaé's lawyers are extremely reactive in intervening alongside the dismissed manager. We try to favour the path of a transactional agreement. However, in the interest of our client, we always anticipate a possible litigation outcome and do not hesitate to take the appropriate initiatives.