Call Us + 33 1 84 88 31 00

Contact
Get In Touch

Call Us + 33 1 84 88 31 00

Contact
Edit Content
Edit Content

French Commercial code

Make An Appointment

Article L631-1 of the French Commercial code

November 7, 2023

Reorganisation proceedings open to any debtor referred to in Articles L. 631-2 or L. 631-3 who, unable to meet the liabilities due with his available assets, is in suspension of payments, are instituted. A debtor who establishes that the credit reserves or moratoria from which he benefits from his creditors enable him to meet the liabilities due with his available assets is not in cessation of payments. This condition is…

Read More »

Article L631-2 of the French Commercial code

November 7, 2023

The receivership procedure is applicable to any person carrying on a commercial, craft or agricultural activity as defined in article L. 311-1 du code rural et de la pêche maritime and to any other natural person exercising an independent professional activity including a liberal profession subject to a legislative or regulatory status or whose title is protected, as well as to any legal person under private law. Unless the separate…

Read More »

Article L631-3 of the French Commercial code

November 7, 2023

The receivership procedure is also applicable to the persons mentioned in the first paragraph of Article L. 631-2 after the cessation of their professional activity if all or part of their liabilities derive from the latter. When a person exercising a commercial or craft activity, a farmer or any other natural person exercising an independent professional activity, including a liberal profession subject to a legislative or regulatory status or whose…

Read More »

Article L631-3-1 of the French Commercial code

November 7, 2023

When it is brought to the attention of the president of the court that the debtor is in a state of cessation of payments, the president informs the public prosecutor by means of a note setting out the facts on the basis of which the matter was referred to the court. Under penalty of nullity of the judgement, the president may not sit on the judgement panel or take part…

Read More »

Article L631-5 of the French Commercial code

November 7, 2023

Where there are no conciliation proceedings in progress, the court may also be seised at the request of the public prosecutor for the purpose of opening receivership proceedings. Subject to the same proviso, the proceedings may also be opened on the summons of a creditor, regardless of the nature of his claim. However, where the debtor has ceased trading, this writ must be served within one year of: 1° Removal…

Read More »

Article L631-7 of the French Commercial code

November 7, 2023

Articles L. 621-1, L. 621-2 and L. 621-3 are applicable to receivership proceedings. The maximum duration of the observation period mentioned in the first paragraph of Article L. 621-3 may exceptionally be extended at the request of the public prosecutor by a specially reasoned decision of the court for a maximum period of six months. When the situation of the debtor who has declared that it is in a state…

Read More »

Article L631-8 of the French Commercial code

November 7, 2023

The court shall set the date of cessation of payments after seeking the debtor’s observations. If this date is not determined, the cessation of payments is deemed to have occurred on the date of the judgment opening the proceedings. It may be postponed one or more times, but may not be more than eighteen months prior to the date of the judgment opening the proceedings. Except in cases of fraud,…

Read More »

Article L631-9 of the French Commercial code

November 7, 2023

Article L. 621-4, with the exception of the first sentence of the sixth paragraph, as well as the articles L. 621-4-1 to L. 621-11 shall apply to the receivership proceedings. The court may refer the matter to itself or at the request of the pursuing creditor for the purposes mentioned in the third paragraph of article L. 621-4. It may refer the matter to itself for the purposes mentioned in…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

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.

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

Call + 33 1 84 88 31 00.

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

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

French Business Law
French Business Lawyers
Resources
Contacts
Linkedin

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

French Business Law
French Business Lawyers

Resources 

Contacts
Linkedin

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

Contacts
Linkedin
French Business Law
French Business Lawyers

Useful links

Copyright @ 2024 French-Business-Law All Rights Reserved

Useful links

Call Us:
+ 33 1 84 88 31 00

Follow us:

Facebook Linkedin

You have a question in French Business Law?

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.