French Business Law - French Legislation

Article L621-9 of the French Commercial code

November 7, 2023

The official receiver is responsible for ensuring that the proceedings are conducted expeditiously and that the interests involved are protected. When the appointment of a technician is necessary, only the official receiver may do so with a view to a mission that he determines, without prejudice to the court’s option under Article L. 621-4 to appoint one or more experts. The conditions for the remuneration of this technician are set…

Article L621-10 of the French Commercial code

November 7, 2023

Article L621-11 of the French Commercial code

November 7, 2023

The auditors assist the mandataire judiciaire in his duties and the juge-commissaire in his task of supervising the administration of the company. They may inspect all documents sent to the administrator and the mandataire judiciaire. They are bound by confidentiality. The duties of the controller are free of charge.

Article L621-12 of the French Commercial code

November 7, 2023

If, after the opening of the proceedings, it appears that the debtor was already in cessation of payments at the time of the judgment, the court shall note this and set the date of cessation of payments under the conditions provided for in Article L. 631-8. It converts the safeguard proceedings into judicial recovery proceedings. If necessary, it may modify the remaining observation period or extend it by a maximum…

Article L622-1 of the French Commercial code

November 7, 2023

I.-The administration of the company is carried out by its manager. II.-When the court, in application of the provisions of Article L. 621-4, appoints one or more administrators, it instructs them together or separately to supervise the debtor in its management or to assist it with all or some of the acts of management. III.-In its mission of assistance, the administrator is required to comply with the legal and contractual…

Article L622-3 of the French Commercial code

November 7, 2023

The debtor continues to exercise on his assets the acts of disposal and administration, as well as the rights and actions that are not included in the administrator’s mission. In addition, subject to the provisions of articles L. 622-7 and L. 622-13, the acts of day-to-day management performed by the debtor alone are deemed valid with respect to third parties acting in good faith.

Article L622-4 of the French Commercial code

November 7, 2023

As soon as he takes office, the administrator is obliged to request the debtor or, as the case may be, to do himself all acts necessary for the preservation of the company’s rights against its debtors and for the preservation of production capacity. The administrator is entitled to register in the name of the company all mortgages, pledges, liens or privileges that the debtor may have neglected to take or…

Article L622-5 of the French Commercial code

November 7, 2023

From the opening judgment, any third party holder is required to hand over to the administrator or, failing this, to the judicial representative, at the latter’s request, the accounting documents and books with a view to their examination.

Article L622-6 of the French Commercial code

November 7, 2023

As soon as the proceedings are opened, an inventory is drawn up of the debtor’s assets, which constitute the pledge of his professional creditors, as well as the guarantees that encumber him. This inventory, which is given to the administrator and the judicial representative, is completed by the debtor by mentioning the assets he holds that are likely to be claimed by a third party. The debtor-entrepreneur shall also list…

Article L622-6-1 of the French Commercial code

November 7, 2023

Unless, in the judgment opening the proceedings, a public officer or a sworn goods broker has been appointed to draw up the inventory, it shall be drawn up by the debtor and certified by an auditor or attested by a chartered accountant. The provisions of the fourth paragraph of Article L. 622-6 shall not apply in this case. If the debtor does not initiate the inventory operations within eight days…

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French Commercial code

Article L621-9 of the French Commercial code

Article L621-10 of the French Commercial code

Article L621-11 of the French Commercial code

Article L621-12 of the French Commercial code

Article L622-1 of the French Commercial code

Article L622-3 of the French Commercial code

Article L622-4 of the French Commercial code

Article L622-5 of the French Commercial code

Article L622-6 of the French Commercial code

Article L622-6-1 of the French Commercial code

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French Commercial code

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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