초록 열기/닫기 버튼
The French system on corporate division (scission) has been known to influence the Korean Commercial Code as well as the EU sixth Directive concerning the division of public limited liability companies. The research on French regulation over corporate division, however, has rarely been made in Korea. Since the adoption of rules on corporate division by the Korean Commercial Code in 1998, more and more spin-offs, hive-downs or split-ups have been witnessed in Korean practice. Those transactions were often followed by legal disputes over how to protect corporate creditors and/or whether to impute administrative sanctions to the succeeding corporation in such spin-offs, etc. This paper aims to review legal practice in France concerning the “scission” and, through a comparative research, to explore some insights applicable to Korean practice. Especially, the “effect” of the french scission is principally addressed. It proceeds as follows: for basic information, it begins with the concept and types of corporate division in France (Ch. II). The next two chapters are devoted to the analysis on effects of the french corporate division, including the scope of universal transfer and its limit (Ch. III) and the status of corporate creditors in a french scission. (Ch. IV). The final chapter is a conclusion.
키워드열기/닫기 버튼
Division (scission), Universal Transfer (transmission universelle), Contribution in Kind (aport en nature), Commissioner of Demerger (commissaire à la scission)
