The sale is again subject to articles L. 141-28 to L. 141-30 when it occurs more than two years after the date on which all employees were informed of the sale. If during this two-year period the works council is consulted, pursuant to article L. 2323-33 of the French Labour Code, on a proposed sale of the business, the running of this two-year period is suspended between the date on…
This section shall not apply: 1° In the event of the sale of the business to a spouse, ascendant or descendant; 2° To businesses that are the subject of conciliation, safeguard, receivership or liquidation proceedings governed by Book VI; 3° If, during the twelve months preceding the sale, the sale has already been the subject of information pursuant to article 18 de la loi n° 2014-856 du 31 juillet 2014…
Businesses may be pledged, without any conditions or formalities other than those prescribed by this Chapter and Chapter III below. The pledge of a business does not give the pledged creditor the right to have the business assigned to him in payment and up to the due amount.
Only the following may be included in the pledge subject to the provisions of this chapter as forming part of a business: the sign and trade name, the right to the lease, the clientele and goodwill, the business furniture, the equipment or tools used in the operation of the business, the patents, licences, trade marks, industrial designs and models, and generally the intellectual property rights attached thereto. A certificate of…
The pledge contract is evidenced by a notarial deed or by a private deed. The preferential right resulting from the pledge contract is enforceable against third parties by the mere fact of registration in a register held at the registry of the competent commercial court, in accordance with procedures determined by decree of the Conseil d’Etat.
In the event of receivership or compulsory liquidation, articles L. 632-1 to L. 632-4 are applicable to pledges of goodwill.
The ranking of pledged creditors among themselves is determined by the date of their registrations. Creditors registered on the same day compete with each other.
In the event of a transfer of the business, the registered claims become due ipso jure if the owner of the business has not notified the registered creditors, at least fifteen days in advance, of his intention to transfer the business and of the new registered office he intends to give it. Within fifteen days of the notice to be served on him or within fifteen days of the day…
A landlord seeking to terminate the lease of the building in which a registered business is operated must notify the previously registered creditors of his request, at the address declared by them in their registrations. The judgment may not be rendered until one month has elapsed since the notification. The amicable termination of the lease does not become final until one month has elapsed since the notification made to the…
I.-A creditor who initiates an attachment-sale procedure or the debtor against whom it is initiated may request, before the commercial court within whose jurisdiction the business is operated, the sale of the distrainee’s business together with the equipment and goods belonging to it. II.-When proceedings are initiated by the creditor, the latter definitively waives the benefit of the attachment-sale procedure. II – When proceedings are initiated by the creditor, the…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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