French Business Law - French Legislation

Article R624-2 of the French Commercial code

November 5, 2023

The list of claims containing the information provided for in article L. 622-25 and in article R. 622-23 together with the proposals of the mandataire judiciaire and the observations of the debtor, with an indication of their date, is filed with the court registry to be remitted without delay to the juge-commissaire. It shall be communicated to the administrator, if one has been appointed, and, where applicable, to the commissaire…

Article R624-3 of the French Commercial code

November 5, 2023

Decisions to admit claims without objection are evidenced by the official receiver’s signature on the list of claims drawn up by the mandataire judiciaire. The court clerk notifies the creditors or their agent of this admission by simple letter. These notices shall specify the amount for which the claim is admitted and the securities attached to it and shall reproduce the provisions of the articles L. 622-27 and L. 624-3….

Article R624-4 of the French Commercial code

November 5, 2023

When the jurisdiction of the official receiver is challenged or when the official receiver raises his lack of jurisdiction of his own motion, or in the presence of a serious challenge, the court clerk shall summon the debtor, the creditor, the judicial representative and the administrator, where one has been appointed, by registered letter with acknowledgement of receipt. The summons to the creditor reproduces the provisions of the second paragraph…

Article R624-5 of the French Commercial code

November 5, 2023

Where the official receiver declares himself incompetent or establishes the existence of a serious dispute, he shall, by specially reasoned order, refer the parties to a better court and invite, as the case may be, the creditor, the debtor or the judicial representative to refer the matter to the competent court within a period of one month from notification or receipt of the notice issued for this purpose, on pain…

Article R624-6 of the French Commercial code

November 5, 2023

At the request of the Public Treasury, the official receiver, after obtaining the opinion of the judicial representative, shall pronounce the definitive admission of claims provisionally admitted pursuant to the fourth paragraph of Article L. 622-24 and which have been the subject of a writ of execution or are no longer contested. When the official receiver is no longer in office, the president of the court, at the request of…

Article R624-7 of the French Commercial code

November 5, 2023

Appeals against decisions of the juge-commissaire ruling on the admission of claims shall be lodged with the court of appeal.

Article R624-8 of the French Commercial code

November 5, 2023

The decisions pronounced by the juge-commissaire are entered by the court clerk on the list of claims mentioned in the first paragraph of Article R. 624-2. This list thus completed and the statements of claims resulting from the employment contract constitute the statement of claims. This statement is filed at the court registry, where any person may inspect it. The registrar causes an insertion to be published in the Bulletin…

Article R624-9 of the French Commercial code

November 5, 2023

The statement of claims referred to in Article R. 624-8 is supplemented by: 1° Where the matter falls within the jurisdiction of another court, the decisions handed down by the competent court; 2° The decisions referred to in the first paragraph of Article R. 624-11; 3° The decisions handed down by the Court of Appeal ruling on appeals against the decisions of the official receiver.

Article R624-10 of the French Commercial code

November 5, 2023

Claims by third parties referred to in the last paragraph of Article R. 624-8 are lodged by petition delivered or addressed to the court registry. They are mentioned on the statement of claims by the court clerk. The court clerk summons the interested parties or their representative by registered letter with acknowledgement of receipt and notifies the judicial representative and the administrator, where one has been appointed. An appeal against…

Article R624-11 of the French Commercial code

November 5, 2023

A creditor whose rights have been recognised by a decision of another court that has become res judicata shall send a copy of that decision to the registrar of the court that opened the proceedings. The registrar shall notify the mandataire judiciaire and the administrator and the commissaire à l’exécution du plan, if applicable, of any changes thus made to the statement of claims.

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Article R624-2 of the French Commercial code

Article R624-3 of the French Commercial code

Article R624-4 of the French Commercial code

Article R624-5 of the French Commercial code

Article R624-6 of the French Commercial code

Article R624-7 of the French Commercial code

Article R624-8 of the French Commercial code

Article R624-9 of the French Commercial code

Article R624-10 of the French Commercial code

Article R624-11 of the French Commercial code

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