compensation avec des créances liquides et exigibles

18:35 Oct 26, 2019 

Les BSPCE sont des share purchase warrants which allow their holder to buy a share at a fixed price at any time before a certain date. Here, when exercising its warrants, the holder can either pay cash the exercise price, or he may ask the company to pay it for him, using the money that the company already owes him; the holder then pays any balance, if any. This is what is meant by "compensation". See, for example:
clearing agreement
http://www.btb.termiumplus.gc.ca/tpv2alpha/alpha-fra.html?la...

Je suppose que ça donnerait quelque chose comme "...payable in cash, including by way of [netting] [offsetting] against current claims to cash."

créances liquides = claims to cash
CPA Canada Handbook, EIC-79/CPN-79, IEC-95/CPN-95, PS-1100

créances liquides exigibles = current claims to cash.

13:46 Oct 22, 2019 

@Dayro, thanks, I used "due"

22:28 Oct 21, 2019 

They are not the same - a debt becomes "due" at the date when the payment has to made. The debt become "overdue" ONLY after a "tolerance period" has passed.

For example, the rent can be "due" on the first of the month, and will become "overdue" only on the 5th of the month if the contract gives a tolerance for 5 days for paying.

I really can't see how the two could be equated.

21:56 Oct 21, 2019 

Julie, sorry, that last link has nothing to do with rkillings, it's where I found the subsequent quote to give one example of how the term is understood in FR.

Back to Bob, I think his answer in the first of the initial two links I posted more or less answers your question too.

21:40 Oct 21, 2019 

Thanks Wolf. Yes it was some of Uncle Bob's earlier posts that set me off with the capital question. Can't see him on your link thought?

21:24 Oct 21, 2019 

From this link (https://www.compta-facile.com/comptabilisation-d-une-augment...

« Comptabilisation d’une augmentation de capital par compensation avec des créances – Date de comptabilisation d’une augmentation de capital par compensation avec des créances

Cette opération n’est autorisée que pour les créances liquides et exigibles. Il peut s’agir d’une dette fournisseur, d’un compte courant d’associé créditeur, de dettes rattachées à des participations ou de toute autre créance détenue par un tiers sur la société. »

I think a wording with "liquid claims" is your best bet. Bob (rkillings) really knows his stuff, his answers are worth their weight in gold.

18:02 Oct 21, 2019 

Founders' share warrants.

A few links to better understand:
"Les BSPCE (Bons de Souscription de Parts de Créateur d’Entreprise) sont une opération sur le capital social qui permet de mettre en place un intéressement au capital social à la disposition des start-ups. Ils permettent de motiver leurs bénéficiaires à participer et à soutenir la croissance de l’entreprise lors de sa phase de développement."
https://www.legalstart.fr/fiches-pratiques/capital-social/bs...

https://www.management-package.com/LES-BSPCE-BONS-DE-SOUSCRI...

https://www.capshare.com/blog/understanding-convertible-debt...

"What makes convertible notes unique is that they are typically repaid with equity." https://www.capshare.com/blog/understanding-convertible-debt...

09:42 Oct 21, 2019 

BSPCE are founders stock options, so a claim against the company could be one or more loans given by a founder or founding entity to it (perhaps on the understanding it would later be converted into equity). The share scheme may be a mechanism for giving senior staff/executives a slice and existing shareholders a bigger slice of the company's stock.

08:17 Oct 21, 2019 

Thanks Adrian, I did indeed just discover that a payment is being made this way by another company (who is already a shareholder.....I am rather foxed by what is actually going on....). I just wanted to better understand what is happening so as to avoid mistakes on my part. But OK will work on the basis that these are claims against the company

07:47 Oct 21, 2019 

Assuming, Julie, these are debts due to the salaried employees - rather than to others dealing with the company, I wouldn't qualify the translation by pinpointing or narrowing down the circumstances in which a claim could be triggered e.g. arrears of pay, unpaid holiday time off, Christmas bonus or compensation (an indemnity) for an accident-at-work owed to workers https://www.lecoindesentrepreneurs.fr/compensation-creances-...

It might be quite easy, even for the company, to contrive a claim against itself to present employees with a share-scheme bonanza. (PS the translation office I use to work inhouse for in Central London put a stop on an employee share scheme in case we lot took control of the company - and ran it a lot better than the gormless Board of Directors).

07:18 Oct 21, 2019 

@Wolf, thanks for the link

07:17 Oct 21, 2019 

Hi Adrian. It's an employee share scheme. The company is increasing the share capital, awarding the "warrants" for "free" and then when the employees exercise them, within a fixed period and for a fixed price, they are payable in cash or by this method, so yes it's a consideration for the shares. I've never seen this before so do not quite understand. Who would the claims be against - the company? (salaries or other monies due?)

21:32 Oct 20, 2019 

You mean these entries?
https://www.proz.com/kudoz/french-to-english/business-commer...—https://www.proz.com/kudoz/french-to-english/finance-general...

What bothers you about the use of the term in your text?