Comment est élu le président du conseil d’administration ?

Goudsmit Tang conseil d'administration

Le Conseil d’Administration d’une société ou d’une association a un rôle central dans la gouvernance de l’organisation informe Goudsmit Tang Management. Sans avoir de rôle opérationnel au quotidien en tant que tel, il intervient dans les grandes décisions de la société pour définir sa stratégie, nommer le directeur général ou les membres de la Direction. Il contrôle également les résultats de la société par rapport à ses objectifs. Le Président du Conseil d’administration a un rôle d’animation de cette équipe, même si ses prérogatives sont limitées note Tang Management.

Le rôle du Président de Conseil d’administration

Goudsmit Tang management company

Election du président d’un conseil d’administration avec Goudsmit & Tang

Le président du conseil d’administration (ou PCA) a la responsabilité de piloter l’activité du Conseil d’administration et de diriger la gouvernance de la société. Il peut être aidé pour cela par un directeur général voire de plusieurs directeurs généraux, eux aussi nommés par le conseil. Il a pour mission de diriger l’activité du CA et de rendre compte à l’assemblée des actionnaires. Il s’assure également que chaque administrateur a la possibilité de mener à bien sa mission.

Il communique pour cela toutes les informations utiles. Il est également en charge de déterminer avec le conseil, les rémunérations des exécutifs de la société, à commencer par le Directeur général lorsqu’il y en a un.

Pour remplir ses responsabilités, le président du conseil peut engager aux frais de la Société, tous types de conseillers ou d’experts indépendants pour guider son action ou celle du conseil. Il pourra à cette fin valider les honoraires voire d’autres conditions liées au travail de ces conseils.

Quand nomme-t-on le président du Conseil d’Administration ?

conseil d'administration

Goudsmit Tang management company

Le président du conseil d’administration est nommé par les administrateurs, membres du CA. Il n’est donc pas conforme aux textes de nommer un Président de CA en assemblée générale des actionnaires, une telle nomination serait nulle.
Cette nomination peut se décider lors de la constitution de la société, puis à d’autres moments de vie de la société.

Au moment de la constitution de la société, il faut tout d’abord que soient désignés les administrateurs, puis qu’eux nomment le Président du CA. Ensuite, seulement, les formalités de publicité peuvent être effectuées, car le nom du Président figure sur le registre d’enregistrement officiel auprès du registre du commerce. À ce stade, il doit y avoir un accord écrit de tous les administrateurs sur cette nomination.

Par la suite, à chaque échéance d’un mandat, la désignation du Président se fait à la majorité des administrateurs. Il est à noter que le Conseil peut révoquer à tout moment son Président, par vote à la majorité de ses membres.

Quelle est la procédure de nomination ?

Ce sont les statuts de la société qui définissent les règles de convocation officielle et les modalités de délibération du conseil pour nommer son Président : il faut envoyer une convocation avec un certain délai notamment. Comme toute décision du Conseil, cette nomination répond aux conditions fixées par le Code du commerce (Art. L225-37 du Code de commerce). Notamment, il faut que la moitié des membres du conseil d’administration soient présents, au minimum.

La décision est prise à la majorité des membres présents ou représentés, sauf à ce que les statuts de la société définissent une condition de majorité plus forte. C’est le conseil, et lui seul, qui aura la charge de prévoir la rémunération afférente au rôle de président.

La durée de mandat du Président ne peut jamais excéder la durée officielle de son mandat de membre du Conseil d’Administration. La fin de mandat du Président provoquera systématiquement une nouvelle nomination.

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