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.

Obtain a finding for automatic termination of a discontinued contract

The law on insolvency proceeding provides that the administrator has the power to opt for continuation or termination of contracts in effect progress. Thus, contracts in progress at the time of the opening of court-supervised recovery proceedings are automatically terminated after a notice sent by the co-contractor to the administrator that has remained for more than a month without reply, to have to decide on their continuation during the observation period.

The bankruptcy judge may reduce or extend the period for response.

Although the termination is automatic, the legislature has nevertheless provided that it is necessary for ruling on such termination by order of the bankruptcy judge

Texts: Articles L. 622-13 through L. 622-16 of the Commercial Code, Articles 67 and 88 of Decree No. 2005-1677 of 28 December 2005.

Conditions

Existence of a bankruptcy proceeding in progress at the time of the submission of the application.

Having the status of co-contractor.

Having issued a prior notice from the administrator for deciding on the continuation of the contract.

How to file an application?

The application must be made by declaration to the registry office.

Download an application template

Appeal

The orders rendered by the bankruptcy judge are subject to appeal before the court within 10 days the notice by declaration made to the registry office or sent by registered letter with acknowledgement of receipt).

Download

Type Title Document name Download
Document template Petition for assessment of automatic termination of a contract Télécharger