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Executive & Manager/C-Level Departures

LWM Avocats provides strategic and legal support to executives and companies, particularly at key moments such as the departure or termination of company officers, directors, executives or managers.

We take a cross-disciplinary approach, drawing on our cutting-edge expertise in tax law, employment law and commercial litigation to secure each stage of this delicate transition and guarantee legal certainty.

With our interdisciplinary capabilities and thorough understanding of the human, legal and economic issues involved in executive departures, we provide both upstream (advice, risk anticipation, auditing) and downstream (litigation management, exit negotiations, mediation) services to offer a 360-degree view of the issues related to departure.

LWM Avocats supports clients – companies, executives and managers – in the following areas:

  • Financial aspects, including optimization of all tax and social security charges associated with executive departures (severance payments, AGAs (RSUs under French law), BSPCEs (startup stock options under French law), stock options, management packages, capital gains regime, etc.).
  • Contractual aspects,  including drafting and securing of departure protocols, negotiation of severance payments, management of disputes related to the status of company officers and directors (particularly for executives of SAS, SA or SARL companies), and application of specific social security regimes.
  • Litigation aspects, including anticipation and management of disputes arising from the departure of an executive, corporate officer or director (unfair competition, breach of non-competition commitments, disputes between partners, liability of outgoing executives, forced sale and valuation of securities, etc.).
     

Areas of practice

Tax Law
  • Taxation of income (salaries, benefits in kind, allowances, BSPCEs, AGAs, management packages, capital gains)
  • Social security contributions and levies
  • Operational approach: development of dynamic simulators for compulsory levies (taxes + social security contributions and levies)
Employment Law
  • Determination of severance entitlements and negotiable compensation
  • Identification of the most suitable and tax-efficient arrangement
  • Support for our client at every stage and explanation of the issues at stake
  • Drafting of documents (settlement agreement, conciliation minutes, letter of commitment, etc.)
  • Monitoring procedural timelines and verification of sums received and social security processing

 

Commercial Litigation
  • Removal and dismissal of corporate officers
  • Appointment of ad hoc representatives or administrators
  • Liability of corporate officers (management errors, coverage of liabilities)
  • Disputes relating to the transfer of securities
Audens Avocats
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