A company needs natural persons to operate, whether or not it is a legal person.
In this respect, the legal personality of a legal person does not prevent that without natural persons to compose its decision-making bodies and to represent it, the company is no more than a set of data in the books of a bank, in the crossroads database of companies, or in contracts concluded with its partners.
Moreover, if a company needs managers, members or partners, it also has service providers and workers.
All these persons have rights and obligations, varying according to the circumstances and whose exercise and respect are important in more than one respect.
For example, the limitation of liability is subject to compliance with certain rules of conduct. In addition, a company’s ability to attract funds or negotiate with its business partners will often depend on the ability of stakeholders to evolve in line with the legal requirements.
In addition, in a business project, persons may find themselves in a situation of asserting their rights in relation to the business, for example, at a time when they wish or are asked to make way, when they agree or oppose it, or at a time when they must assert their rights in another way.
In some cases, the persons concerned are aware of their rights and obligations, in other cases they are not. This may happen in particular for all rules applying to persons in a particular situation regardless of whether they choose to be placed under a particular legal regime. This is particularly the case for persons who can be considered as de facto directors, for persons selling their business without having required the required certificates, or for persons cooperating in a business project without having specifically chosen a corporate form for their activities.