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Article L526-19 of the French Commercial code

Subject to the provisions of Article L. 123-54, the tariff of formalities for filing and transferring the declarations and recording the particulars referred to in this section and for filing and transferring the annual accounts or the document or documents resulting from the simplified accounting obligations provided for in the second paragraph of article L. 526-13 is set by decree. The declaration formality mentioned in article L. 526-7 is free…

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Article L526-20 of the French Commercial code

The Public Prosecutor’s Office and any interested party may ask the president of the court ruling in summary proceedings to enjoin, subject to a fine, a sole trader with limited liability to include in all his acts and documents his name, immediately and legibly preceded or followed by the words: “Sole trader with limited liability” or the initials: “EIRL”.

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Article L526-22 of the French Commercial code

The sole trader is a natural person who carries on one or more independent professional activities in his own name. The assets, rights, obligations and securities which he holds and which are useful for his activity or his independent professional activities constitute the professional assets of the sole trader. Subject to Book VI of this Code, these assets may not be divided. The elements of the assets of the sole…

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Article L526-23 of the French Commercial code

The derogation provided for in the fourth paragraph of Article L. 526-22 only applies to claims arising from the date of registration in the register to which the sole trader is subject for his business, where this is provided for. Where he is registered in more than one register, the derogation takes effect from the earliest date of registration. Where the date of registration is after the declared date of…

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Article L526-24 of the French Commercial code

The right of lien of the tax authorities and social security bodies covers all the professional and personal assets of the sole trader in the event of fraudulent manoeuvres or serious and repeated failure to comply with his tax obligations, under the conditions set out in I and II of article L. 273 B of the Book of Tax Procedures, or serious and repeated failure to comply with the collection…

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Article L526-25 of the French Commercial code

The sole trader may, at the written request of a creditor, waive the derogation provided for in the fourth paragraph of Article L. 526-22, for a specific undertaking for which he must state the term and the amount, which must be determined or determinable. This waiver must comply, on pain of nullity, with the forms prescribed by decree. This waiver may not take place before the expiry of a cooling-off…

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Article L526-27 of the French Commercial code

The sole trader may sell for valuable consideration, transfer free of charge inter vivos or contribute his entire business assets to a company, without liquidating them. Any transfer other than in its entirety remains subject to the legal conditions applicable to the nature of the said transfer and, where applicable, to the nature of the item(s) transferred. The universal transfer of business assets entails the assignment of the rights, property,…

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Article L526-28 of the French Commercial code

The creditors of the sole trader whose claim arose before the transfer of ownership was publicised may lodge an objection to the transfer of the business assets, within a period set by decree. An objection lodged by a creditor does not have the effect of prohibiting the transfer of the business assets. The court decision ruling on the opposition either rejects it or orders the repayment of the claims or…

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