Where there are no conciliation proceedings in progress, the court may also be seised at the request of the public prosecutor for the purpose of opening receivership proceedings.
Subject to the same proviso, the proceedings may also be opened on the summons of a creditor, regardless of the nature of his claim. However, where the debtor has ceased trading, this writ must be served within one year of:
1° Removal from the trade and companies register. In the case of a legal entity, the time limit runs from the removal from the register following publication of the closure of the liquidation operations ;
2° The cessation of activity, if it concerns a person exercising a craft activity, a farmer or a natural person exercising an independent professional activity, including a liberal profession subject to a legislative or regulatory status or whose title is protected;
3° The publication of the completion of the liquidation, if it concerns a legal entity not subject to registration.
In addition, proceedings may only be opened in respect of a debtor carrying on an agricultural activity who is not incorporated as a commercial company if the president of the judicial court has been seised, prior to the summons, of a request for the appointment of a conciliator made pursuant to article L. 351-2 of the Rural and Maritime Fishing Code.