Article R743-76 of the French Commercial code
November 5, 2023
The filing provided for in Article R. 743-75 shall be made at the instance of the public prosecutor if the latter has caused the liquidator to be appointed.
The filing provided for in Article R. 743-75 shall be made at the instance of the public prosecutor if the latter has caused the liquidator to be appointed.
The liquidator represents the company for the duration of its liquidation and performs in place of the partners all acts falling within the profession of commercial court clerk. The provisions of the last two paragraphs of article R. 743-57 shall apply. As from the date on which the company’s successor is sworn in, the liquidator shall cease to be entitled to perform, on behalf of the company, acts falling within…
The liquidator has the broadest powers to wind up the company. In particular, he is responsible for managing the company during its liquidation, realising its assets, clearing its liabilities and, after repayment of the share capital to the shareholders or their successors, distributing the assets arising from the liquidation among them in accordance with the provisions of the Articles of Association. The liquidator’s powers may be specified by the court…
Unless the company is dissolved by the effect of its dismissal, the liquidator shall exercise on behalf of the company the right of presentation provided for in Article 91 of the Finance Act of 28 April 1816, under the conditions set out in Articles R. 742-27-1, with the exception of its last paragraph, R. 742-27-2 et R. 742-28. If, within one year of his appointment, the liquidator has not exercised…
The court decision or the decision of the shareholders’ meeting appointing the liquidator sets his remuneration. This may consist of a share of the net income from the office held by the company.
A natural person holding the office of a commercial court clerk may form a professional non-trading company which may be appointed to that office with: One or more natural persons who meet the conditions required to practise as a commercial court clerk; One or more natural persons holding the clerkships of neighbouring commercial courts in the event that these courts are abolished and their jurisdiction is attached to the district…
Natural persons who fulfil the conditions required to practise the profession of commercial court clerk may form a société civile professionnelle between themselves, which may be appointed commercial court clerk: 1° Either to replace the holder of an existing office, who exercises the right of presentation in his favour; 2° Or in a vacant office; 3° Or, in the event of the creation of a commercial court, in the office…
Where the company is a candidate for appointment to an office to replace the existing holder, it shall proceed in accordance with the provisions set out in articles R. 742-27-1 and R. 742-27-2. However, these provisions do not apply in cases where the existing proprietor makes use of his right of presentation in favour of a company of which he will himself be a practising partner. Where the company is…
A société civile professionnelle (non-trading company) formed by the conversion of a société d’exercice libéral (non-trading company) holding an office must be approved by order of the Minister of Justice.
Without prejudice to any other useful indications and in particular those provided for by articles 8, 10, 11, 14, 15, 19 and 20 of the loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles, concernant respectivement la dénomination sociale, la répartition des parts, les gérants, la répartition des bénéfices, les dettes sociales, les cessions de parts ou de celles qui sont prévues par le présent titre, les…
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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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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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