Bankruptcy Law

When it appears from any act, document or procedure  that a commercial company, an economic interest grouping, or a sole proprietorship, commercial or artisanal enterprise is experiencing “difficulties likely to jeopardize the continuity of its operations”, the president of the Commercial Court may summon its directors to consider measures to remedy the situation . For legal persons under private  …

Court President's alert-summons

When it appears from any act, document or procedure  that a commercial company, an economic interest grouping, or a sole proprietorship, commercial or artisanal enterprise is experiencing “difficulties likely to jeopardize the continuity of its operations”, the president of the Commercial Court may summon its directors to consider measures to remedy the situation . For legal persons under private law and natural persons who exercise an agricultural or independent professional activity, including a liberal profession subject to a legislative or regulatory status  or whose title is protected , the president of the judicial court is competent and has powers identical to those of the president of the Commercial Court.

The president of the court shall have the court Registrar summon the legal representative of the debtor legal entity or the debtor natural person by registered letter with acknowledgement of receipt and by simple letter, reproducing the terms of I of Article L. 611-2 and, where applicable, those of Article L. 611-2-1, as well as Articles R. 611-11 and R. 611-12 of the Commercial Code. The invitation, sent at least one month in advance, is accompanied by a note in which the president of the court sets out the facts that motivated his initiative . The meeting, which is confidential in nature, is held without the presence of the court registrar and gives rise to the drafting of a report, signed by the president of the court and the parties present, which mentions only the date and place of the meeting and the identity of the persons present.

If the person summoned does not attend the meeting, the court registrar shall draw up a report of the failure to attend, together with the notice of receipt of the meeting, on the same day. A copy of this report is notified without delay by the court registrar to the person summoned by registered letter with acknowledgement of receipt .

As soon as the summons is sent , the president of the court may obtain from the statutory auditors, the members of the social and economic committee, the public administrations, the social security and provident organizations as well as the services in charge of the centralization of banking risks and payment incidents, information likely to provide him with accurate information on the economic and financial situation of the debtor . The request for information must be sent within three months at the latest from the date of sending the summons, accompanied by a copy of the letter of summons sent to the legal representative of the debtor legal entity or to the debtor natural person and the note drawn up in application of Article R. 611-10. Where the request is not sent within a period of three months at the latest from the date of sending the summons, the persons and bodies are not obliged to reply .

Analysis of the company accounts filed with the registrar's office, registration of public creditors, information by the auditor.

Commercial Code, Art. L. 611-2-1(2): “By exception, when the natural person or legal entity concerned is a lawyer, a court-appointed administrator, a judicial representative or a public or ministerial officer, the president of the judicial court shall only inform the professional order or competent authority to which it belongs of the difficulties brought to its attention relating to the economic, social, financial and property situation of the professional”.

Ordinance No 2021/1193 of 15 September 2021.

Bankruptcy Law

16. Court President's alert-summons

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Les notions juridiques connexes

16. Court President's alert-summons

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise