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French Commercial code

French Commercial code

Article R631-42 of the French Commercial code

November 5, 2023

Where the sale of all or part of the business has been ordered by the court pursuant to article L. 631-22, the mandataire judiciaire shall receive the sale price notwithstanding the execution of the deeds by the administrator. Where the debtor benefits from a reorganisation plan, the mandataire judiciaire remits the price to the commissaire à l’exécution du plan. Where the debtor is subject to compulsory liquidation, the mandataire judiciaire…

Article R631-43 of the French Commercial code

November 5, 2023

When the administrator’s and the mandataire judiciaire’s end-of-assignment reports have been approved by the juge-commissaire, the proceedings are the subject of a closure order issued by the president of the court. This decision is a judicial administration measure not subject to appeal. It is communicated to the persons cited in article R. 621-7and mentioned in the registers provided for in the first four paragraphs of Article R. 621-8.

Article R640-1 of the French Commercial code

November 5, 2023

The request to open the judicial liquidation proceedings shall be presented in accordance with the procedures set out in articles R. 631-1, R. 631-2, with the exception of the second paragraph, R. 631-4 and R. 631-5. A creditor’s application to open judicial liquidation proceedings is, on pain of inadmissibility, which must be raised ex officio, exclusive of any other application, with the exception of an application to open judicial reorganisation…

Article R640-1-1 of the French Commercial code

November 5, 2023

When the debtor, a natural person, also applies for the benefit of a professional recovery procedure, he must specify, in addition to the inventory, the methods used to value his assets. The inventory thus completed is drawn up on the date of the application. He must also certify that he meets the conditions set out in articles L. 645-1 and L. 645-2. The conditions set out in the last two…

Article R640-2 of the French Commercial code

November 5, 2023

A court of appeal which quashes a judgment ruling on the opening of judicial liquidation proceedings or its pronouncement may, of its own motion, open judicial liquidation proceedings or pronounce them. If a judgment opening judicial liquidation proceedings is quashed, it may, of its own motion, open judicial reorganisation proceedings.

Article R641-1 of the French Commercial code

November 5, 2023

The provisions of articles R. 621-2 to R. 621-4, R. 621-7, R. 621-7-1, R. 621-8-1, with the exception of the last paragraph, R. 621-8-2, R. 621-10 and R. 621-12 to R. 621-16, as well as Article R. 631-7-1, are applicable to judicial liquidation proceedings subject to the provisions of this section.

Article R641-2 of the French Commercial code

November 5, 2023

Where applicable, the court clerk shall notify the pursuing creditors that they may inspect the report referred to in the second paragraph of Article R. 621-3 and notify them at the same time of the date of the hearing.

Article R641-3 of the French Commercial code

November 5, 2023

I.-When the court appoints at least a second judicial representative as liquidator pursuant to the provisions of Article L. 641-1-2, the number of secondary establishments mentioned in 1° of Article L. 621-4-1 and the threshold mentioned in the fifth paragraph of that same article are those set out in the first two paragraphs of Article R. 621-11-1. II.-The second judicial representative must have been registered for at least ten years…

Article R641-4 of the French Commercial code

November 5, 2023

For the application of article R. 621-4, if the judgment cannot be handed down immediately, the debtor and, if applicable, the pursuing creditor are notified of the date on which it will be handed down.

Article R641-5 of the French Commercial code

November 5, 2023

When it appears that the debtor does not meet the conditions required for the opening of judicial liquidation proceedings, the court shall reject the application.

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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
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75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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