Article R237-5 of the French Commercial code
November 6, 2023
The agent provided for in the second paragraph of article L. 237-9 is appointed by the president of the commercial court, acting in summary proceedings.
The agent provided for in the second paragraph of article L. 237-9 is appointed by the president of the commercial court, acting in summary proceedings.
In the case provided for in article L. 237-10, the liquidator shall file his accounts at the commercial court registry where any interested party may inspect them and obtain a copy at his own expense. The commercial court shall rule on these accounts and, where applicable, on the closure of the liquidation in place of the general meeting of members or shareholders.
The final accounts drawn up by the liquidator are filed with the commercial court clerk’s office as an annex to the trade and companies register. They shall be accompanied by the decision of the shareholders’ meeting ruling on these accounts, on the discharge from management and the discharge from his mandate, or, failing this, the court decision provided for in article R. 237-6.
A notice of the close of the liquidation, signed by the liquidator, is published, at the liquidator’s request, in the medium authorised to receive legal announcements that has received the publicity required by the first paragraph of Article R. 237-2 and, if the company’s shares are admitted to trading on a regulated market or if all its shares are not in registered form, in the Bulletin des annonces légales obligatoires….
The company is struck off the register of commerce and companies on proof of completion of the formalities provided for in articles R. 237-7 and R. 237-8.
The liquidation of the company under the conditions provided for in articles L. 237-15 to L. 237-31 is ordered by the President of the Commercial Court, ruling in summary proceedings, at the request of the persons mentioned in the second paragraph of article L. 237-14.
The liquidation auditors are appointed by the president of the commercial court, ruling on a petition, at the request of the liquidator, or in summary proceedings, at the request of any interested party, with the liquidator duly summoned. The auditors may be chosen from among the statutory auditors registered on the list provided for in I of Article L. 822-1. In all cases, the instrument appointing the auditors is published…
In the case provided for in article L. 237-19, the liquidator is appointed by order of the president of the commercial court, ruling on a petition. Any interested party may lodge an objection to the order within fifteen days of its publication under the conditions set out in article R. 237-2. This objection is brought before the Commercial Court, which may appoint another liquidator.
Unless the deed of appointment provides otherwise, if more than one liquidator has been appointed, they may perform their duties separately. However, they shall draw up and present a joint report.
The remuneration of liquidators is set by the decision appointing them. Failing this, it is set subsequently, by the president of the commercial court, ruling on a petition, at the request of the liquidator concerned.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
