French Business Law - French Legislation

Article R663-29 of the French Commercial code

November 5, 2023

I.-The liquidator shall be allocated emoluments determined by an order issued pursuant to article L. 444-3 : 1° In respect of disposals of tangible movable assets, on the basis of the total amount, inclusive of all taxes, of the price of the assets disposed of, less the remuneration, inclusive of all taxes, of the parties, other than the liquidator, involved in the disposal transactions ; 2° For any debt collection…

Article R663-30 of the French Commercial code

November 5, 2023

The liquidator shall be allocated, following the distributions to the creditors mentioned in Article L. 622-24 and payments of the claims referred to in I of Article L. 641-13, a fee determined by an order made pursuant to Article L. 444-3, based on the cumulative amount of sums collected by all creditors or deposited with the Caisse des dépôts et consignations. When no distribution is made between several of these…

Article R663-31 of the French Commercial code

November 5, 2023

As an exception to the provisions of this sub-section, the liquidator’s full remuneration shall be determined taking into account the expenses incurred and the work carried out by the liquidator, the complexity of the case, what is at stake and the objectives set by Article L. 640-1, and without reference to the tariff provided for in this sub-section where the total remuneration calculated pursuant to this tariff exceeds €75,000 excluding…

Article R663-31-1 of the French Commercial code

November 5, 2023

It shall be awarded to the mandataire judiciaire or the liquidateur judiciaire, in respect of actions brought by them pursuant to the provisions of the first paragraph of Article L. 653-7 and resulting in the imposition of a sanction provided for in Articles L. 653-3 à L. 653-6 and Article L. 653-8, a fee set by an order made pursuant to article L. 444-3.

Article R663-32 of the French Commercial code

November 5, 2023

Administrateurs judiciaires, commissaires à l’exécution du plan, mandataires judiciaires and liquidators are entitled to reimbursement of the costs and disbursements mentioned on the list provided for in 2° of Article R. 444-3, decided by the president of the court or his delegate, on presentation of proof of their detailed account. This reimbursement may be quarterly.

Article R663-33 of the French Commercial code

November 5, 2023

Administrateurs judiciaires, commissaires à l’exécution du plan, mandataires judiciaires and liquidators are entitled to the reimbursement of taxes and duties paid by them on behalf of the company.

Article R663-34 of the French Commercial code

November 5, 2023

Payments due under the safeguard, receivership or compulsory liquidation proceedings are stopped before the closure of the proceedings. Subject to the provisions of articles R. 663-13 and R. 663-31, the president of the court or his delegate shall rule in the light of a detailed account. Where the proceedings fall within the jurisdiction of the judicial court, the president of the court shall delegate a magistrate for this purpose. With…

Article R663-35 of the French Commercial code

November 5, 2023

Where several court-appointed administrators, plan implementation commissioners, court-appointed agents or liquidators are appointed in the same proceedings, each of the appointed court-appointed agents receives a share, agreed between them, of the emoluments due in respect of those proceedings. Failing agreement, the president of the court or his delegate shall determine the share of the remuneration due to each after hearing the debtor and obtaining the opinion of the public prosecutor….

Article R663-36 of the French Commercial code

November 5, 2023

By way of derogation from the provisions of Article R. 663-34, the president of the court shall, on a proposal from the official receiver, set the amount of advance payments to be credited against the remuneration of the judicial administrator, the judicial representative and the liquidator. These advance payments are fixed on proof of completion of the work for which they are entitled to remuneration and in the light of…

Article R663-37 of the French Commercial code

November 5, 2023

If it transpires that sums have been received on account and that they are found to exceed the amounts set out in Article R. 663-36, they shall be immediately returned.

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French Commercial code

Article R663-29 of the French Commercial code

Article R663-30 of the French Commercial code

Article R663-31 of the French Commercial code

Article R663-31-1 of the French Commercial code

Article R663-32 of the French Commercial code

Article R663-33 of the French Commercial code

Article R663-34 of the French Commercial code

Article R663-35 of the French Commercial code

Article R663-36 of the French Commercial code

Article R663-37 of the French Commercial code

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French Commercial code

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

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