Discover the reasons for end of mandate of a president of a SASU resignation, dismissal, incapacity, unforeseen event or expiry of a term.
The tasks of a president of a SASU can to cease for several reasons. Some depend on the will of the leader (resignation) while others are independent (removal, incapacity, unexpected event or term). Here are the cases of end of mandate of the president of SASU.
Know the reasons for termination of office of the president of a SASU resignation, dismissal, incapacity, unforeseen event or expiry of a term.
The end of the presidential mandate in the SASU
The president can be appointed for a fixed period or unlimited. This deadline is mentioned in theact of appointment of the president of the SASU or SASU statutes or in the form of a separate document. In the event that this deadline is not stated in these documents, the president will continue to exercise his functions until the dissolution of the company.
If the deadline is set, the president must terminate his functions at the end of his term. The articles of association may specify the exit conditions. Unless otherwise provided, the outgoing President may be re-elected. However, the sole shareholder has the choice between this option and that of appointing another person (which requires a replacement of the president of the SASU).
Dismissal of the SASU manager
Revocation by the sole shareholder
The law does not indicate the raisons (reason for revocation) nor the formalities (competent body, notice, severance pay, etc.) which may lead to the dismissal of the manager of a SASU. These should then be codified in the statutes. It is, for example, possible to organize a resignation at any time or a dismissal for cause (violation of a clause of the statutes limiting the powers of the president of the SASU for example).
Finally, the decision of the sole shareholder of the SASU produces effects from validation.
Judicial dismissal of the SASU manager
For it to be valid, the judicial dismissal of the president of a SASU must be specified in the statutes. Otherwise, it is invalid.
Departure of the manager of a SASU
Le leader of a SASU may at any time give up his post. However, provisions may be included in the internal regulations. For example, notice must be respected, objectives must be achieved before the end of the function, etc.
To be opposable to the company, the resignation must be notified (from this moment, the manager cannot go back). It is not essential that it be accepted by the sole shareholder.
Interruption of the functions of the president of SASU
The President may be forced to cease his functions if he finds himself in one of the following circumstances:
- death (natural person) or dissolution (legal person),
- incapacity, prohibition to manage or personal bankruptcy,
- transformation of the SASU or dissolution,
- an event specified in the articles of association occurs (for example, loss of the chairman's status as a partner).
The cessation of functions of a SASU president can be triggered by internal or external reasons.
To learn more about the president of SASU:
What is the procedure to follow for the termination of the functions of president of a SASU?
Answer: The procedure to be followed for the termination of the duties of president of a SASU is to draft a declaration of termination of duties and file it at the address of the registry of the commercial court.
What document must be drawn up for the termination of the functions of president of a SASU?
Answer: A declaration of termination of office must be drawn up for the termination of the office of president of a SASU.
What is the deadline for filing the declaration of termination of office?
Answer: The declaration of termination must be filed within 15 days of the date of termination.
