Payments for matured debts made as from the date of cessation of payments and acts for valuable consideration carried out as from that same date may be cancelled if those who dealt with the debtor were aware of the cessation of payments. Any administrative seizure, any seizure of allotment or any opposition may also be cancelled where it was issued or carried out by a creditor as from the date…
The provisions of Articles L. 632-1 and L. 632-2 do not affect the validity of the payment of a bill of exchange, promissory note or cheque. However, the administrator or the mandataire judiciaire may bring an action against the drawer of the bill of exchange or, in the case of a draw on account, against the originator, as well as against the beneficiary of a cheque and the first endorser…
The action for nullity is brought by the administrator, the mandataire judiciaire, the commissaire à l’exécution du plan or the public prosecutor. Its effect is to reconstitute the debtor’s assets.
Judicial liquidation proceedings are hereby instituted for any debtor referred to in Article L. 640-2 who is in suspension of payments and whose recovery is manifestly impossible. Judicial liquidation proceedings are intended to put an end to the business or to realise the debtor’s assets through a global or separate transfer of his rights and assets.
The compulsory liquidation 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 separate…
Court-ordered liquidation proceedings are also open to the persons mentioned in the first paragraph of Article L. 640-2 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…
Where it is brought to the attention of the president of the court, information showing that the conditions of article L. 640-1 have been met, he shall inform the Public Prosecutor’s Office by means of a note setting out the facts on which the referral to the court is based. The Chairman may not sit on the panel of judges or take part in the deliberations if the Public Prosecutor…
The opening of these proceedings must be requested by the debtor no later than forty-five days after the cessation of payments, if he has not within this period requested the opening of conciliation proceedings.
Where there are no conciliation proceedings underway, the court may also be seised at the request of the public prosecutor for the purpose of opening judicial liquidation 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 summons must be served within one year of : 1°…
The members of the social and economic committee may inform the president of the court or the public prosecutor of any fact revealing the cessation of payments by the debtor.
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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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