For the application of article L. 651-4, the judge appointed by the president of the court may be assisted by any person of his choice, whose findings are recorded in his report. This report is filed at the court registry and communicated by the court clerk to the public prosecutor. At least one month before the date of the hearing, the clerk of the court communicates this report to the…
When a director of a legal entity or an entrepreneur is already subject to safeguard, receivership or liquidation proceedings, the amount of the liabilities to be borne by the legal entity or entrepreneur is determined after the judicial representative or liquidator appointed in the proceedings to which the legal entity or entrepreneur is subject has been called into question. The decision to condemn the debtor is entered by the court…
When the judicial representatives mentioned in article L. 653-7 become aware of facts provided for in articles L. 653-3 to L. 653-6 and L. 653-8, they shall inform the public prosecutor and the official receiver. For the application of article L. 653-8, the date used for the cessation of payments may not be different from that used pursuant to Article L. 631-8.
For the application of Article L. 653-7, the matter shall be referred to the court, as the case may be, by summons or in the forms and according to the procedure provided for in Article R. 631-4. The formal notice given to the court-appointed agent to initiate sanction proceedings is delivered by at least two supervising creditors. Their action is only admissible if this formal notice, sent to the judicial…
When the court pronounces personal bankruptcy or the prohibition provided for in Article L. 653-8, it is mentioned in the notice of judgment that the procedure for obtaining relief from these sanctions is governed by Articles L. 653-11 and R. 653-4 of the Commercial Code. Independent of the entries made in the criminal record pursuant to article 768 of the Code of Criminal Procedure, judgments pronouncing personal bankruptcy or the…
Any application for relief from disqualifications, prohibitions and incapacities shall be made by petition to the court that pronounced them. All documents proving the contribution to the payment of the liabilities or, where the interested party has been subject to the prohibition provided for in article L. 653-8, guarantees demonstrating his ability to manage or control one or more of the companies or persons referred to in this article. These…
For the application of article L. 654-17, the formal notice given to the court-appointed agent to bring a civil action is delivered by at least two supervising creditors. Their action is admissible only if this formal notice, sent to the court-appointed agent by registered letter with acknowledgement of receipt, has remained unsuccessful for two months from receipt of the formal notice. .
Judgments and orders made in matters of ad hoc mandate, conciliation, safeguard, legal redress, professional recovery and legal liquidation are enforceable ipso jure on a provisional basis. However, judgments and orders issued pursuant to articles L. 622-8, L. 626-22, the first paragraph of l’article L. 642-20-1, of l’article L. 651-2, the articles L. 663-1 to L. 663-4 as well as decisions taken on the basis of article L. 663-1-1and judgments…
Unless otherwise provided, opposition and third-party opposition shall be lodged against decisions rendered in matters of ad hoc mandate, conciliation, safeguard, legal redress, professional recovery and legal liquidation, liability for insufficient assets, personal bankruptcy or prohibition provided for in Article L. 653-8, by declaration to the court clerk’s office within ten days of delivery of the decision. However, for decisions subject to the formalities of insertion in a legal announcement…
Unless otherwise provided, the time limit for the parties to appeal shall be ten days from the notification made to them of decisions rendered in matters of ad hoc mandate, conciliation, safeguard, legal redress, professional recovery and legal liquidation, liability for insufficient assets, personal bankruptcy or prohibition provided for in Article L. 653-8. However, the period within which the debtor may lodge an appeal against the judgment adopting or rejecting…
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is a Registered Trademark of
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75001, Paris France
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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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