The derogation provided for in the fourth paragraph of Article L. 526-22 only applies to claims arising from the date of registration in the register to which the sole trader is subject for his business, where this is provided for. Where he is registered in more than one register, the derogation takes effect from the earliest date of registration. Where the date of registration is after the declared date of…
The right of lien of the tax authorities and social security bodies covers all the professional and personal assets of the sole trader in the event of fraudulent manoeuvres or serious and repeated failure to comply with his tax obligations, under the conditions set out in I and II of article L. 273 B of the Book of Tax Procedures, or serious and repeated failure to comply with the collection…
The sole trader may, at the written request of a creditor, waive the derogation provided for in the fourth paragraph of Article L. 526-22, for a specific undertaking for which he must state the term and the amount, which must be determined or determinable. This waiver must comply, on pain of nullity, with the forms prescribed by decree. This waiver may not take place before the expiry of a cooling-off…
This section is without prejudice to the powers granted to spouses to administer and dispose of their joint property.
The sole trader may sell for valuable consideration, transfer free of charge inter vivos or contribute his entire business assets to a company, without liquidating them. Any transfer other than in its entirety remains subject to the legal conditions applicable to the nature of the said transfer and, where applicable, to the nature of the item(s) transferred. The universal transfer of business assets entails the assignment of the rights, property,…
The creditors of the sole trader whose claim arose before the transfer of ownership was publicised may lodge an objection to the transfer of the business assets, within a period set by decree. An objection lodged by a creditor does not have the effect of prohibiting the transfer of the business assets. The court decision ruling on the opposition either rejects it or orders the repayment of the claims or…
The following shall not apply to the universal transfer of the business assets of a sole trader, any clause to the contrary being deemed unwritten: 1° Article 815-14 of the Civil Code; 2° Article 1699 of the same Code; 3° Articles L. 141-12 to L. 141-22 of this Code.
On pain of nullity of the transfer provided for in Article L. 526-27: 1° The transfer must relate to the entire business assets of the sole trader, which may not be split; 2° In the event of a contribution to a newly created company, the available assets of the business assets must be sufficient to meet the liabilities due on these same assets; 3° Neither the author nor the beneficiary…
Subject to articles L. 223-9, L. 225-8-1 and L. 227-1, when the business assets contributed to a company contain assets constituting a contribution in kind, a contribution auditor shall be appointed.
A decree of the Conseil d’Etat shall determine, in each department, the court or courts called upon to hear the proceedings provided for by this book, as well as the jurisdiction in which these courts shall exercise the powers vested in them. .
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is a Registered Trademark of
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182, rue de Rivoli
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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