Article R641-5 of the French Commercial code
November 5, 2023
When it appears that the debtor does not meet the conditions required for the opening of judicial liquidation proceedings, the court shall reject the application.
When it appears that the debtor does not meet the conditions required for the opening of judicial liquidation proceedings, the court shall reject the application.
The judgment ruling on the opening of the judicial liquidation proceedings is notified to the debtor or the creditor by the registrar within eight days of its pronouncement. Where the debtor is not the claimant, the judgment is served on him within the same period. It is communicated to the persons mentioned in article R. 621-7.
The judgment opening the judicial liquidation proceedings, pronouncing its extension or ordering the reunification of the assets of the same entrepreneur is subject to the publicity measures provided for in Article R. 621-8. However, in the event of an appeal by the public prosecutor pursuant to Article L. 661-1 or in the event of a stay of provisional enforcement ordered pursuant to the fourth paragraph of Article R. 661-1, these…
I. – The court clerk shall attach to the copy of the judgment referred to in Article R. 621-7 a document reproducing the terms of II of this article, as well as: 1° Those of articles L. 812-2, L. 814-5, L. 814-10, the last paragraph of II of article L. 641-1, articles L. 641-8, R. 814-24 and R. 814-38, if the liquidator is a person chosen on the basis of…
The amount of turnover referred to in III of Article L. 812-2 is defined in accordance with the provisions of the sixth paragraph of Article D. 123-200. It is assessed on the closing date of the last accounting period. The absence of employees referred to in III of Article L. 812-2 is assessed over a period of six months prior to the day on which the proceedings are opened.
The decision by which the court modifies the date of cessation of payments is notified to the debtor by the registrar, communicated to the persons mentioned in article R. 621-7 and is advertised as provided for in article R. 621-8.
The thresholds provided for by Article L. 641-2, for the compulsory application of the simplified judicial liquidation procedure, are set for turnover excluding tax at €750,000 and for the number of employees at 5. The thresholds provided for by the article L. 644-5 are set for turnover excluding tax at €300,000 and for the number of employees at 1. The amount of turnover is defined in accordance with the provisions…
With the exception of Article R. 621-20 and of the first sentence of the first paragraph of article R. 621-23, the provisions of articles R. 621-17 to R. 621-24 and R. 622-18 are applicable to the procedural bodies and the auditors. The juge-commissaire rules under the conditions of article R. 621-21 on claims made against the acts of the liquidator. The information obligations incumbent on the mandataire judiciaire pursuant to…
Where an application to replace the liquidator is made to the court, pursuant to Article L. 641-1-1, the provisions of article R. 621-17 are applicable. The same applies to a request to add one or more liquidators or where the liquidator requests to be replaced.
The duties of the official receiver and auditors end on the day on which the liquidator’s end-of-assignment report has been approved.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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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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