In this interview for the MEDEF Paris, Patricia Guyomarc'h, Solicitor, founder of the firm CGLAW, deciphers the profound changes of corporate restructuring driven by Macron Law. It highlights how the financialisation of the economy (LBOs, investment funds) has complicated negotiations, sometimes placing the company's social interest after private interests.
The culmination of his analysis focuses on Article L. 631-19-2 of the Commercial Code, which now authorises the’forced eviction of shareholders (« squeeze-out »). This mechanism allows for the compulsory buy-out of shareholders who oppose a restructuring plan vital for a company with over 150 employees, provided that its collapse would cause national or regional economic disruption.
While recognising that this measure constitutes an exceptional interference with the right to property, Mr Guyomarc’h and his team at CGLAW they consider it a last resort lever to guarantee business continuity and job retention. This expertise illustrates the firm's ability to navigate between financial strategy and legal protection to resolve the most complex conflicts of interest.
