Call Us + 33 1 84 88 31 00

Article L121-7 of the French Commercial code

In dealings with third parties, acts of management and administration performed for the needs of the business by the collaborating spouse are deemed to be performed on behalf of the head of the business and do not entail any personal obligation for the collaborating spouse.

Read More »

Article L123-1 of the French Commercial code

I.-A register of commerce and companies shall be kept in which the following shall be registered, upon their declaration: 1° Natural persons having the status of traders, even if they are required to be registered in the national register of companies; 2° Companies and economic interest groupings having their registered office in a French department and enjoying legal personality in accordance with article 1842 of the Civil Code or to…

Read More »

Article L123-2 of the French Commercial code

No person may be entered in the register unless he fulfils the conditions necessary for the exercise of his activity. Legal entities must also have completed the formalities prescribed by the laws and regulations in force concerning them.

Read More »

Article L123-3 of the French Commercial code

Failure by a natural person trader to apply for registration within the prescribed period, the judge, acting either ex officio or at the request of the public prosecutor or any person demonstrating an interest therein, shall issue an order enjoining the trader, where applicable under a fine, to apply for registration. Under the same conditions, the judge may enjoin, if necessary under a penalty payment, any person registered in the…

Read More »

Article L123-5 of the French Commercial code

Giving inaccurate or incomplete information in bad faith with a view to registration, deletion or an additional or amending entry in the trade and companies register is punishable by a fine of 4,500 euros and six months’ imprisonment. The competent court may, in addition, deprive the person concerned, for a period not exceeding five years, of the right to vote and stand as a candidate in elections to the commercial…

Read More »

Article L123-5-1 of the French Commercial code

At the request of any interested party or of the public prosecutor, the president of the court, ruling in summary proceedings, may enjoin, subject to a fine, the manager of any legal person to file the documents and deeds in the register of commerce and companies to which that legal person is required by legislative or regulatory provisions. The president may, under the same conditions and for the same purpose,…

Read More »

Article L123-5-2 of the French Commercial code

When the directors of a commercial company processing agricultural products, marketing food products, operating, directly or indirectly, one or more retail shops selling mass-market products or operating in the distribution sector as a central referencing or purchasing office for retail businesses do not file their accounts under the conditions and within the time limits laid down in articles L. 232-21 to L. 232-23, the president of the commercial court may…

Read More »

Article L123-6 of the French Commercial code

The trade and companies register is kept by the registrar of each commercial court, under the supervision of the president or a judge appointed for this purpose, who have jurisdiction over any disputes between the taxable person and the registrar.

Read More »

Article L123-7 of the French Commercial code

The registration of a natural person carries with it a presumption of merchant status. However, this presumption is not enforceable against third parties and administrations that provide proof to the contrary. Third parties and public authorities are not entitled to rely on the presumption if they knew that the registered person was not a trader.

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.

Useful links

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.