Where there are no conciliation proceedings underway, the court may also be seised at the request of the public prosecutor for the purpose of opening judicial liquidation 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 summons 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 a self-employed 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.
Where the provisions relating to the procedure provided for in Article L. 351-1 of the Rural and Maritime Fishing Code, the President of the Judicial Court must be notified, prior to the summons, of a request for the appointment of a conciliator presented pursuant to Article L. 351-2 of this code unless the professional recovery procedure provided for in Chapter V of this title is in progress.