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.

Inalienability

As part of the adoption of a restructuring or recovery plan, the court may decide to render inalienable certain property (equipment), for a fixed term.

This property can therefore not be transferred by a business under a plan, the information with respect to which is assured by publication of security status in the register. All instruments passed in violation of inalienability must be terminated on the demand of all interested parties or of the Public Ministry, within 3 years from the conclusion of the instrument (Article L. 626-14 of the Commercial Code). Publication must be made on the initiative of the officer responsible for execution of the plan (Article R. 626-25 of the Commercial Code). The competent court clerk is such as is in the jurisdiction of the debtor, if a legal entity, at its headquarters, or if an individual, at the declared address of the business or business activity (Article R. 626-26 of the Commercial Code).

Documents to produce

A copy of the judgement announcing inalienability.

Two registrations forms containing: the surname, first names and address of the business or of the business activity for an individual, the company name and the address of the headquarters for a legal entity, the SIREN Code, the date when the decision was rendered, summary description of the equipment subject to temporary non-alienation, location where they are in storage, reference, if applicable, that they can be moved, and the term of the measures of inalienability.

Prices

(Prices with tax)

Payments to be made to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE.

INSCRIPTION (including postal costs): 24.34 euros.

MODIFICATION (including postal costs): 13.42 euros.