Procedures Guide

The Procedures guide allows entrepreneurs and decision-makers to have a reliable, precise and up to date overview of legal procedures and measures concerning commercial formalities to be undertaken. It is broken down into 6 sections in which you can find information and documentation required for formalities with Registry Offices at the Commercial Courts.

Convocation of a director

Law No. 2005-845 of July 26, 2005 (the business safeguard act) gives the president of the Commercial court a role in preventing company difficulties. The information contained in the registers of the registry office allows the court to detect difficulties encountered by companies (registrations of secured status of social welfare and public treasury authorities,, failure to file annual accounts, loss of more than half of share capital)..

In view of this information, the president of the Court may summon the director to a meeting with the judge, which he may attend, accompanied by a person and/or counsel of his choice.

During the first meeting, the director may speak freely and informally with the judge and explain his/her situation.
During this interview, the judge will review the company's situation with the director and inform him/her of their duties and responsibilities. A discussion will follow regarding reorganisation measures to be considered. According to the situation, the director may be re summoned or the file will be closed.
In event of failure of the director to appear pursuant to the summons of the president, and in the absence of any supporting documents, a report of default will be prepared by the court clerk, addressed to the director and maintained in the file.

Within the framework of the legal formalities accomplished by the registry office of the commercial court, certain omissions may invoke summons before a judge for prevention of company difficulties.
Here is a reminder of the mandatory formalities to be carried out with the registry office:
Failure to file annual accounts s for the company for which you are responsible.

Contact the relevant registry office of the Trade and Companies Register.

A previously sanctioned failure to file annual accounts (especially under the NRE law of 15 May 2001, Article L. 123-5-1 of the Commercial Code: summary judgement ordering proceeding with filing) may now become an order to file the accounts (Article L. 611-2 ,paragraph 3, of the Commercial Code).

Such relates to an order directing the legal representative to file the annual accounts within a period of one month from announcement or notification of the order, subject to penalty. The order fixes the penalty rate and the hearing date at which the matter will be examined, and is not subject to appeal.

Settlement of debts, without removal of secured status registrations of your company's creditors

Contact the priority status and pledge office of the registry office.