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Article R641-8 of the French Commercial code

I. – The court clerk shall attach to the copy of the judgment referred to in Article R. 621-7 a document reproducing the terms of II of this article, as well as: 1° Those of articles L. 812-2, L. 814-5, L. 814-10, the last paragraph of II of article L. 641-1, articles L. 641-8, R. 814-24 and R. 814-38, if the liquidator is a person chosen on the basis of…

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Article D641-8-1 of the French Commercial code

The amount of turnover referred to in III of Article L. 812-2 is defined in accordance with the provisions of the sixth paragraph of Article D. 123-200. It is assessed on the closing date of the last accounting period. The absence of employees referred to in III of Article L. 812-2 is assessed over a period of six months prior to the day on which the proceedings are opened.

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Article R641-9 of the French Commercial code

The decision by which the court modifies the date of cessation of payments is notified to the debtor by the registrar, communicated to the persons mentioned in article R. 621-7 and is advertised as provided for in article R. 621-8.

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Article D641-10 of the French Commercial code

The thresholds provided for by Article L. 641-2, for the compulsory application of the simplified judicial liquidation procedure, are set for turnover excluding tax at €750,000 and for the number of employees at 5. The thresholds provided for by the article L. 644-5 are set for turnover excluding tax at €300,000 and for the number of employees at 1. The amount of turnover is defined in accordance with the provisions…

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Article R641-11 of the French Commercial code

With the exception of Article R. 621-20 and of the first sentence of the first paragraph of article R. 621-23, the provisions of articles R. 621-17 to R. 621-24 and R. 622-18 are applicable to the procedural bodies and the auditors. The juge-commissaire rules under the conditions of article R. 621-21 on claims made against the acts of the liquidator. The information obligations incumbent on the mandataire judiciaire pursuant to…

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Article R641-12 of the French Commercial code

Where an application to replace the liquidator is made to the court, pursuant to Article L. 641-1-1, the provisions of article R. 621-17 are applicable. The same applies to a request to add one or more liquidators or where the liquidator requests to be replaced.

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Article R641-14 of the French Commercial code

Articles R. 622-2 to R. 622-5-1, excluding article R. 622-4-1, are applicable to the judicial liquidation procedure. The liquidator exercises the functions devolved to the mandataire judiciaire by these provisions. The rules provided for in the fourth to sixth paragraphs of article R. 622-4 are applicable to the taking of the debtor’s assets carried out in the event of the opening of a judicial liquidation procedure or the pronouncement of…

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Article R641-15 of the French Commercial code

The official receiver may order seals to be affixed to all or part of the debtor’s assets. In this case, the procedure shall be in accordance with the rules laid down for seals after death. Notice of the affixing of seals shall be given to the official receiver who ordered it. Where the debtor practises a liberal profession subject to a legislative or regulatory statute or whose title is protected,…

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Article R641-16 of the French Commercial code

Goods, documents and effects exempted or extracted from seals by decision of the juge-commissaire shall be inventoried without delay with an estimate of their value by the person responsible for carrying out the inventory. Their condition is summarily described in the minutes of the affixing of seals.

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