French Business Law - French Legislation

Article R642-38 of the French Commercial code

November 5, 2023

In the event of the sale of a business, the transferee may apply to the official receiver to have the registrations cancelled. He shall attach to his application a statement of the registrations, proof of completion of the purging formalities or of the agreement of the registered creditors to dispense with them, and proof of payment of the pre-sale costs. The court clerk notifies by registered letter with acknowledgement of…

Article R642-39 of the French Commercial code

November 5, 2023

For the application of the second paragraph of Article L. 642-20, the matter shall be referred to the official receiver by the public prosecutor, the liquidator or the debtor. Where the sale by mutual agreement to the same person involves one or more assets for a price, excluding tax, in excess of the final rate of jurisdiction of the Tribunal judiciaire, the liquidator shall draw up a report on the…

Article R642-40 of the French Commercial code

November 5, 2023

In application of Article L. 642-22-1, transfers of businesses and realisations of assets are publicised by the mandataires de justice by means of a computer service accessible via the internet. Any transfer of a business is publicised in the press. Its scope is defined by the juge-commissaire. The juge-commissaire shall determine whether press advertising is necessary for low-value assets. The liquidator, or the administrator where one has been appointed, shall…

Article R642-41 of the French Commercial code

November 5, 2023

Where, pursuant to article L. 642-24, there are grounds for the official receiver to authorise the liquidator to compromise or settle, the court clerk shall summon the debtor to the hearing fifteen days before the hearing, enclosing with the summons a copy of the liquidator’s request. If the compromise or settlement is to be submitted to the court for approval, the debtor shall be summoned under the same conditions.

Article R643-1 of the French Commercial code

November 5, 2023

Where the sale is pursued by a creditor pursuant to article L. 643-2, the reserve price is set by the juge-commissaire in agreement with the pursuing creditor.

Article R643-2 of the French Commercial code

November 5, 2023

The official receiver, on receiving an application from a creditor on the basis of article L. 643-3, shall rule after receiving the opinion of the liquidator in the light of the documents supporting the definitive admission of the claim for which provisional payment is requested and, where applicable, the guarantee provided for in the second paragraph of the aforementioned article. The provisional payment shall be allocated up to an amount…

Article R643-3 of the French Commercial code

November 5, 2023

The successful bidder shall have the auction deed or judgement published at the land registry within two months of its date and, in the event of an appeal, within two months of the confirmatory judgement, failing which the auction shall be repeated at the behest of the liquidator. Within three months of the auction, the successful bidder shall pay into the deposit account opened by the liquidator at the Caisse…

Article R643-4 of the French Commercial code

November 5, 2023

As soon as the sale is published, the liquidator shall request from the land registry service a statement of the subsisting registrations in accordance with Article 2449 of the Civil Code, with a view to settling the order between the creditors and proceeding with the distribution of the price. In the event of a sale by mutual agreement, the liquidator, either ex officio or at the request of the purchaser…

Article R643-5 of the French Commercial code

November 5, 2023

Creditors registered on behalf of a previous owner and holding a resale right or on behalf of the entrepreneur on an asset included in the assets in question as security for a claim affecting another asset shall be notified by the liquidator by registered letter with acknowledgement of receipt that they have an obligation to lodge their claim with the order procedure within two months of the notification. This notice…

Article R643-6 of the French Commercial code

November 5, 2023

After payment of the sale price in the case of an auction or completion by the purchaser of the purging formalities in the case of a private sale, the liquidator shall draw up the statement of collocation in the light of the registrations, the admitted claims and the list of claims mentioned in Article L. 641-13. He may, if he deems it useful, summon the registered creditors, the successful bidder…

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Article R642-38 of the French Commercial code

Article R642-39 of the French Commercial code

Article R642-40 of the French Commercial code

Article R642-41 of the French Commercial code

Article R643-1 of the French Commercial code

Article R643-2 of the French Commercial code

Article R643-3 of the French Commercial code

Article R643-4 of the French Commercial code

Article R643-5 of the French Commercial code

Article R643-6 of the French Commercial code

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