lun., 20 oct. 2014 17:57:00 +0000

CCRCS Notice: terms and conditions for opposition to the universal transfer of heritage

In its notice no. 2014-002, the Coordination Committee of the Trade and Companies Register (CCRCS) indicated the procedure to follow to form opposition to the universal transfer of estate. Article 1844-5 of the Civil Code outlines the terms and conditions for forming opposition to winding up of a company:

  • For civil companies, before the District Court, by way of a summons or issue of a joint petition to the registry office;
  • For commercial entities, before the Commercial Court, by way of a summons, a joint petition or voluntary presentation by the parties.

The CCRCS has also indicated that whatever the form or content, a declaration made to the clerk of the Commercial Court could not constitute opposition by virtue of the previously mentioned article. Consequently, the clerk, when referred a request for striking off following the universal transfer of heritage, cannot refuse the entry on the sole grounds of existence of such a declaration.

Consult notice no. 2014-002s of the CCRCS.