A transversal vision of the issues
Erwann del Do recognizes this: the manager’s right is a neologism which also goes beyond the legal framework due to its economic and psychological components. However, it covers a reality and a necessity. The reality is that entrepreneurs and managers, like everyone else, carry out their professional and personal projects simultaneously, although with the special character that for these people the two spheres do not operate in isolation, but with a very high porosity between them. The acquisition of professional real estate thus becomes a project that is both operational and patrimonial, even family. A necessity then, because focusing on just one dimension necessarily leads to consequences or even negative consequences for the others. It is a situation that he unfortunately sees regularly, he says: “I often notice, on new files, that the advice has been fragmented and that there is no overall coherence. This is especially the case, for example, when considering the transfer of a business to future generations, which is at the intersection of several aspects: management of operational functions, adaptation of the articles of association and the agreement of the partners, will, Dutreil transmission pact, etc. “. He can then trust on the technical skills of its partners in matters of corporate law, intellectual property or even social law.
Support in all phases of life
Certainly influenced by his original calling, which was to become a notary; Erwann del Do specifies that this support is provided at all important stages in managers’ lives. The first contacts are often made during a capital transaction, such as fundraising, an M&A project or even an LBO, and then continue according to each manager’s projects – “a way of living multiple lives between preneurials by proxy,” he admits. Here again, long-term support ensures the overall consistency of the different options taken during the manager’s life, knowing in particular that a transfer of assets, professional or private, is prepared early and ideally before quarantine in order to be as effective as possible . Support is provided “in good times and bad”. Thus, it is not uncommon for a conflict between partners to result in the capital exit of one of them, which necessarily involves a combination of aspects of company law, social law and taxation.
Erwann del Do is convinced of this: executive law is not yet a subject taught in law school, but its operational relevance is beyond doubt.
