Article R651-1 of the French Commercial code
The court with jurisdiction to rule in the cases provided for in Article L. 651-2 is the court that opened or pronounced the judicial liquidation.
Home | French Legislation Articles | French Commercial code | Regulatory part | BOOK VI: Company difficulties. | TITLE V: Liabilities and sanctions.
The court with jurisdiction to rule in the cases provided for in Article L. 651-2 is the court that opened or pronounced the judicial liquidation.
For the application of Article L. 651-2, the matter shall be referred to the court, as the case may be, by writ of summons or in the forms and according to the procedure provided for in Article R. 631-4.
Judgments handed down pursuant to article L. 651-2 are communicated by the registrar to the public prosecutor.
For the application of article L. 651-3, the formal notice given to the court-appointed agent to initiate the liability action is delivered by at least two supervising creditors. Their action is admissible only if this formal notice, sent to the judicial representative by registered letter with acknowledgement of receipt, has remained unsuccessful for two months from receipt of the formal notice. .
For the application of article L. 651-4, the judge appointed by the president of the court may be assisted by any person of his choice, whose findings are recorded in his report. This report is filed at the court registry and communicated by the court clerk to the public prosecutor. At least one month before the date of the hearing, the clerk of the court communicates this report to the…
When a director of a legal entity or an entrepreneur is already subject to safeguard, receivership or liquidation proceedings, the amount of the liabilities to be borne by the legal entity or entrepreneur is determined after the judicial representative or liquidator appointed in the proceedings to which the legal entity or entrepreneur is subject has been called into question. The decision to condemn the debtor is entered by the court…
When the judicial representatives mentioned in article L. 653-7 become aware of facts provided for in articles L. 653-3 to L. 653-6 and L. 653-8, they shall inform the public prosecutor and the official receiver. For the application of article L. 653-8, the date used for the cessation of payments may not be different from that used pursuant to Article L. 631-8.
For the application of Article L. 653-7, the matter shall be referred to the court, as the case may be, by summons or in the forms and according to the procedure provided for in Article R. 631-4. The formal notice given to the court-appointed agent to initiate sanction proceedings is delivered by at least two supervising creditors. Their action is only admissible if this formal notice, sent to the judicial…
When the court pronounces personal bankruptcy or the prohibition provided for in Article L. 653-8, it is mentioned in the notice of judgment that the procedure for obtaining relief from these sanctions is governed by Articles L. 653-11 and R. 653-4 of the Commercial Code. Independent of the entries made in the criminal record pursuant to article 768 of the Code of Criminal Procedure, judgments pronouncing personal bankruptcy or the…
Any application for relief from disqualifications, prohibitions and incapacities shall be made by petition to the court that pronounced them. All documents proving the contribution to the payment of the liabilities or, where the interested party has been subject to the prohibition provided for in article L. 653-8, guarantees demonstrating his ability to manage or control one or more of the companies or persons referred to in this article. These…
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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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Paris Bar Registration n° (Toque) C2396
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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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