French Business Law - French Legislation

Article R622-20 of the French Commercial code

November 5, 2023

Proceedings interrupted pursuant to Article L. 622-22 is resumed on the initiative of the claimant creditor, as soon as the latter has produced to the court seised of the proceedings a copy of the statement of his claim or any other element justifying the mention of his claim on the list provided for in Article L. 624-1 and implicated the mandataire judiciaire as well as, where applicable, the administrator when…

Article R622-21 of the French Commercial code

November 5, 2023

The mandataire judiciaire, within fifteen days of the opening judgment, shall notify known creditors of having to declare their claims to him within the period mentioned in Article R. 622-24. The co-contractors mentioned in articles L. 622-13 and L. 622-14 benefit from a period of one month from the date of automatic termination or notification of the decision ordering termination to declare the debt resulting from this termination as a…

Article R622-22 of the French Commercial code

November 5, 2023

In application of the sixth paragraph of Article L. 622-24, creditors whose claims, properly arising after the opening judgment other than those mentioned in I of Article L. 622-17, result from a successively executed contract declare their claims, for all sums due and to fall due, on the basis of an assessment, within two months of publication of the opening judgment in the Bulletin officiel des annonces civiles et commerciales….

Article R622-23 of the French Commercial code

November 5, 2023

In addition to the information provided for in Article L. 622-25, the statement of claim contains: 1° The elements likely to prove the existence and the amount of the claim if it does not result from a document of title; failing this, an evaluation of the claim if its amount has not yet been fixed; 2° The methods of calculation of the interest for which the rate has not been…

Article R622-24 of the French Commercial code

November 5, 2023

The declaration period set pursuant to article L. 622-26 is two months from the publication of the opening judgment in the Bulletin officiel des annonces civiles et commerciales. The same period applies to the information provided for in the third paragraph of article L. 622-24. When the proceedings are opened by a court that has its registered office in the territory of metropolitan France, the declaration period is increased by…

Article R622-25 of the French Commercial code

November 5, 2023

When the official receiver has relieved the creditor of its foreclosure after the filing of the list of claims provided for in Article L. 624-1 and its decision has become final, it shall rule on the claim under the conditions of Article L. 624-2. A note is made by the court clerk on the statement of claims. The costs of the foreclosure relief proceedings are borne by the defaulting creditor….

Article R622-26 of the French Commercial code

November 5, 2023

Litigation and civil enforcement proceedings suspended pursuant to the second paragraph of Article L. 622-28 shall be pursued on the initiative of the creditors benefiting from guarantees mentioned in the last paragraph of this article on proof of the judgment adopting the plan, in accordance with the provisions applicable to the enforceability of this plan against the guarantors. In application of the third paragraph of Article L. 622-28, these creditors…

Article R624-1 of the French Commercial code

November 5, 2023

The verification of claims is carried out by the mandataire judiciaire, the debtor and, where applicable, the designated auditors, present or duly summoned. If a claim other than that mentioned in article L. 625-1 is discussed, the mandataire judiciaire shall notify the creditor or its agent by registered letter with acknowledgement of receipt. The thirty-day period provided for in article L. 622-27 short from receipt of the letter. This letter…

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Article R622-20 of the French Commercial code

Article R622-21 of the French Commercial code

Article R622-22 of the French Commercial code

Article R622-23 of the French Commercial code

Article R622-24 of the French Commercial code

Article R622-25 of the French Commercial code

Article R622-26 of the French Commercial code

Article R624-1 of the French Commercial code

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