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.

Sommaire des formalités

Action for relief from foreclosure

An action for relief from foreclosure, provided by Article L. 622-26 of the Commercial Code, allows the creditor of a company under protection, receivership or mandatory liquidator, who has not declared his indebtedness within the period allowed, to request the appointed judge to be released from the statutory period for making a claim in order to take part in the distributions following his request.

Procedure

Sending the application for release from statutory periods

The application for release from statutory periods is intended for the judge appointed to the proceeding. It must be filed with the court clerk (or addressed by registered letter with acknowledgement of receipt).

Period for the filing of the application (Article L. 622-26 of the Commercial Code)

An action for relief from statutory periods can only be exercised within a period of six months.

This period runs from publication in the BODACC (Official Journal of Civil and Commercial Announcements) of the opening judgement or, for the institutions referenced in Article L. 3253-14 of the Labour Code, from the expiration of the periods during which the indebtedness resulting from a work contract are guaranteed by such institutions. For creditors holding securities published or linked by a published contract, such runs from receipt of the notice provided to them. By way of exception, if the creditor demonstrates the impossibility of knowing of the obligation of the debtor before expiration of the six month period, the period runs from the date on which it is established that he did not dismiss his indebtedness.

Costs of the proceeding (Art. L. 622-25 of the Commercial Code)

The cost of the proceeding for relief from the statutory period are paid by the requesting party.

Appeal (Article R. 621-21 of the Commercial Code)

The decision of the appointed judge is subject to appeal before the court within 10 days of communication or of notification (by declaration by the recipient or as addressed by registered letter with acknowledgement of receipt by the court clerk). Click here to obtain a template for the application for relief from foreclosure

Download

Type Title Document name Download
Document template Application for relief from foreclosure Télécharger