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.

Claim

The claim action provided by Articles L. 624-9 through L. 624-19 and Articles R. 624-13, R. 624-13-1 through R. 624-16 of the Commercial Code allow the creditor of a company under protection, recovery or mandatory liquidation (for receivership, see the Articles already cited as: L. 631-18 al. 1 and R. 631-31, for mandatory liquidation, see Articles L. 624-9 through L. 624-19 [except L. 624-17] as well as: L. 641-14 al. 1, L. 641-14-1, R. 624-13 through R. 624-15, R. 641-31, R. 641-32 and R. 641-32-1) to claim property belonging to him, which is in the possession of the debtor.

The owner of property is exempt from establishing such property right if a contract relating thereto has been published as, for example, a rental contract or lease-purchase agreement.

Period for the filing of a petition

The claim request must be made within three months of publication in the BODACCC (Official Bulletin of Civil and Commercial Announcements) of the judgement opening the proceedings.

Form for presentation of a claim request

The claimant must send a registered letter with acknowledgement of receipt

- within the framework of a protection proceeding or of receivership: to the judicial administrator if such has been appointed or otherwise, to the debtor. A copy of this letter is addressed to the judicial representative.

- within the framework of mandatory liquidation proceeding: the the liquidator (Art. R. 641-31 of the Commercial Code).

In the absence of agreement within a period of one month from receipt of the request, the claimant must, under penalty of foreclosure, come before the receiver at the latest within one month from the expiration of the response period.

Reminder: declare the indebtedness

The claim request does not relieve the claimant from proceeding before the judicial representative with his debt declaration which will be subsequently verified with regard to the fate reserved for his claim.

Click here to obtain a claim petition template

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