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27/02/2014 PROFILE > Conseil en formalités

Notice of the CCRCS: what are the consequences of returning to the Clerk a recorded delivery letter with acknowledgement of receipt?

In notice no. 2013-028, the CCRCS indicates the description for La Poste to be used in the event of return of a recorded delivery letter with acknowledgement of receipt, with the clerk of the Commercial Court indicating on the RCS the suspension of activities (Art. R. 123-125 of the Commercial Code).

In the framework of its new procedures for "non distributable letters" called REFLEX (Return of Information to Sender), La Poste has given four reasons for return of a recorded delivery letter with acknowledgement of receipt: "No access or address", "Letter sent and unclaimed", "Letter refused by the recipient", or "Unknown at this address".

According to the CCRCS, the first three indications do not correspond to a situation of the recipient, but more to the address". However, the indication "Unknown at this address" is the indication used breaking with the previous or where the recipient cannot be identified who has been considered by the committee as being applicable to article R. 123-125 aforementioned (notice of the CCRCS n° 2012-004).

It is where the recorded delivery letter with acknowledgement of receipt includes the indication "Unknown at this address" that the clerk can then enter onto the Trade and Companies Register that trading has stopped for the person registered.

Consult notice no. 2013-028 of the CCRCS