Article R631-31 of the French Commercial code
November 5, 2023
Articles R. 624-13 to R. 624-16 are applicable to the receivership proceedings.
Articles R. 624-13 to R. 624-16 are applicable to the receivership proceedings.
Articles R. 625-1 to R. 625-7 are applicable to receivership proceedings.
Where proceedings are pending before the industrial tribunal on the date of the judgment opening the receivership, the information relating to the subject matter and circumstances of the dispute and the supporting documents shall be sent by the judicial representative to the institutions mentioned in Article L. 143-11-4 of the Labour Code, brought before the industrial tribunal in accordance with article L. 631-18 of this code.
The articles R. 626-1 to R. 626-3, relating to the convening of meetings, are applicable to the receivership proceedings. However, for the application of Article L. 626-3, the administrator shall convene the meetings if the managers fail to do so. For the application of the third paragraph of Article L. 631-19, the affected party that intends to submit proposals shall send these to the debtor and the administrator, by any…
When the public prosecutor requests, pursuant to Article L. 631-19-1, that the adoption of the plan be made subject to the replacement of one or more directors, it shall refer the matter to the court by a request stating the facts in support of the request. The president of the court shall have the court clerk summon the director(s) of the legal entity whose replacement is requested, at least fifteen…
The administrator, if one has been appointed, or the judicial representative convenes the competent corporate bodies to deliberate on the request for replacement. The court rules on the plan in the light of these deliberations.
The agent provided for in the second paragraph of Article L. 631-19-1 may be the court-appointed administrator.
The articles R. 626-7 and R. 626-8, relating to the consultation of creditors, and Subsection 4 of Section 1 of Chapter VI of Title II of this Book, relating to the settlement of public claims, are applicable to the receivership proceedings.
When the meetings referred to in article L. 626-3 have been called upon, in vain, to reconstitute shareholders’ equity which has fallen below half the share capital, the minutes of the deliberations shall specify, where applicable, the direction of the vote of each partner or shareholder. The attendance sheet is attached to these minutes.
The application made by the receiver in accordance with article L. 631-9-1 shall be made to the president of the court by summons from the company. The president of the court shall rule on this application by means of a summary order. The order sets the agenda for the meeting. It may be appealed.
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.
