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Article R233-6 of the French Code of civil enforcement procedures

A set of specifications shall be drawn up for the sale, which shall contain, in addition to a reminder of the previous procedure: 1° The company’s articles of association; 2° Any document required to assess the nature and value of the rights offered for sale. Agreements instituting an approval or creating a preferential right in favour of members are only binding on the successful bidder if they are included in…

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Article R233-7 of the French Code of civil enforcement procedures

A copy of the specifications is sent to the company, which informs the shareholders. On the same day, any other opposing creditors are summoned to inspect the specifications at the premises of the person responsible for the sale. Any interested party may submit observations on the content of the specifications to the person in charge of the sale. Such observations shall no longer be admissible on expiry of a period…

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Article R233-8 of the French Code of civil enforcement procedures

The day, time and place of the sale are advertised in the press and, if necessary, by posters. Such advertising shall be carried out not more than one month and not less than fifteen days before the date set for the sale. The debtor, the company and, if applicable, the other opposing creditors are notified of the date of the sale.

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Article R241-1 of the French Code of civil enforcement procedures

The specific provisions relating to other movable property enforcement procedures are set out : 1° By the Transport Code; 2° By the Civil Aviation Code for the seizure of aircraft; 3° By the Intellectual Property Code for the seizure of literary, artistic and industrial property rights; 4° By the French Rural and Maritime Fishing Code for third-party seizures by mutualités sociales agricoles ; 5° By the Social Security Code for…

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Article R251-1 of the French Code of civil enforcement procedures

If there is only one creditor, the proceeds of the sale are remitted to that creditor up to the amount of his claim, in principal, interest and costs, within a period of one month at the latest from the date of the forced sale or, in the case of an amicable sale, from the date on which the price was paid. Within the same period, the balance is remitted to…

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Article R251-2 of the French Code of civil enforcement procedures

In the event that several creditors have come forward within the time limit, the agent responsible for the sale shall draw up a proposal for the distribution of the price between the creditors. The plan is drawn up on the basis of the information contained in the summons to pay, in the objection documents and, where applicable, the information required by articles R. 522-13 and R. 522-14. The costs incurred…

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Article R251-4 of the French Code of civil enforcement procedures

Within the period provided for in Article R. 251-3, the draft distribution is notified by registered letter with acknowledgement of receipt to the debtor and to each of the creditors, including those who would not be included in the distribution if they did not come forward within the prescribed time limits. The addressee is informed, under penalty of nullity: 1° That he/she has a period of fifteen days, from receipt…

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Article R251-5 of the French Code of civil enforcement procedures

If no objection is lodged within the allotted time, the proposed distribution becomes final. The agent in charge of the sale makes payment to creditors who have implemented a compulsory execution measure, to creditors who hold a pledge constituted as a guarantee for a professional debt, and to creditors who hold another published security provided that they have a writ of execution. He shall deposit with the Caisse des Dépôts…

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