gérant

A gérant is the manager or administrator of certain forms of French companies, most commonly of a société à responsabilité limitée (SARL). The term designates the person or persons charged with the day-to-day management and with representing the company in its relations with third parties. A gérant may be an individual or a legal entity, and a SARL can have a single gérant (gérant unique) or several co-gérants (co-gérants).

Appointment and powers

Gérants are appointed by the shareholders or partners as provided in the company’s bylaws. Their term and methods of appointment are set in the articles of association. In ordinary matters, a gérant has the power to act and bind the company in all acts of daily management, such as signing contracts, hiring staff, and conducting banking operations. Acts that fall outside ordinary management or that are expressly restricted by the articles or by a general meeting typically require authorization by the shareholders or a specific decision.

Liability and duties

Gérants owe fiduciary duties to the company, including duties of care and loyalty. They may be held personally liable for mismanagement, breaches of law, or abuse of corporate assets (such as abus de biens sociaux) if their actions harm the company or its creditors. Civil liability can arise toward the company or toward third parties, and criminal liability may attach in cases of aggravated misconduct.

Termination and succession

The gérant’s mandate ends by expiration, resignation, removal by decision of the shareholders, or other stated conditions in the articles. When a gérant is replaced, the company must ensure continuity of management and formalities for notifying third parties.

In practice, the gérant is the primary figure in the daily operation of many SARLs, while other corporate forms may designate alternative executive roles.