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Article L143-14 of the French Commercial code

As from the notification of the higher bid, the purchaser, if he has regained possession of the business, is automatically the receiver and may only perform acts of administration. However, he may apply to the Commercial Court or the interim relief judge, as the case may be, at any time during the proceedings, for the appointment of another administrator. This request may also be made by any creditor. The higher…

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Article L143-15 of the French Commercial code

The successful bidder is obliged to take the equipment and goods existing at the time of taking possession, at the prices set by an amicable or judicial expertise, contradictorily between the outbid buyer, his seller and the successful bidder. It is obliged, over and above its auction price, to reimburse the dispossessed purchaser for the costs and fair costs of its contract, those of notifications, those of registration and advertising…

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Article L143-15-1 of the French Commercial code

The order of preference between creditors registered on the business and creditors registered on an element of the business is determined by the dates on which the respective titles were published. Creditors registered on the same day compete with each other.

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Article L143-17 of the French Commercial code

In addition to the registration formalities mentioned in Article L. 143-16, sales or assignments of goodwill comprising trademarks or service marks, industrial designs or models, as well as pledges of goodwill comprising patents for invention or licences, trademarks or designs, must be registered with the National Institute of Industrial Property, on pain of unenforceability against third parties, of the sales, assignments or pledges insofar as they apply to patents for…

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Article L143-21 of the French Commercial code

Any third party holder of the purchase price of a business with which an address for service has been elected must make the distribution within one hundred and five days of the date of the deed of sale. However, when the declaration mentioned in the first paragraph of 3 and in 3 bis of Article 201 of the French General Tax Code has not been filed within the period provided…

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Article L143-22 of the French Commercial code

When the confiscation of a business is ordered by a criminal court pursuant to the articles 225-16, 225-19 and 225-22 of the criminal code and 706-39 of the Code of Criminal Procedure, the State must proceed with the sale of the confiscated assets in accordance with the forms set out in this Title within one year, unless this period is exceptionally extended by order of the president of the judicial…

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Article L143-23 of the French Commercial code

A decree in Council of State shall determine the measures for the implementation of Chapters I and II above and of this Chapter, in particular the emoluments to be allocated to the clerks of the commercial courts, the conditions under which registrations, cancellations and issues of negative statements or certificates concerning sales, assignments or pledges of businesses that include patents or licences, trademarks or service marks, industrial designs and models…

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