Bankruptcy Law

In accordance with Article L. 654-1 of the Commercial Code, the provisions relating to bankruptcy are applicable to any person engaged in a commercial or craft activity, to any farmer and to any natural person engaged in an independent professional activity, including a liberal profession subject to a legislative or regulatory status or whose title is protected.
These provisions also apply to any  …

Imputability of the offense

In accordance with Article L. 654-1 of the Commercial Code, the provisions relating to bankruptcy are applicable to any person engaged in a commercial or craft activity, to any farmer and to any natural person engaged in an independent professional activity, including a liberal profession subject to a legislative or regulatory status or whose title is protected.

These provisions also apply to any person who has, directly or indirectly, in law or in fact, managed or liquidated a legal entity under private law, and to natural persons who are permanent representatives of legal entities managing legal entities under private law. The fact that a company is run as a sole proprietorship does not mean that it cannot be managed by a de facto manager . The Court of Cassation recognizes the status of de facto manager in the case of a shareholder who intervenes in the appointment of the de jure manager, who is entirely devoted to him or her and performs no de facto management activity, while defining management choices, presenting himself or herself as the sole legal and accounting interlocutor, and possessing the company's means of payment, notably signature on all its bank accounts . It also attributes this status to the banker, who controls the use of the debtor company's funds and selects its expenditure according to its interests, whereas the de jure manager himself has no chequebook . The de facto management of the company also applies to the sister of the managing director, since the company's activities take place in the apartment they occupy, where all documents relating to management and direction have been found, and where hirings and contracts are drawn up, and she acknowledges that she acts as head of personnel and sales technician, holding meetings at her home and maintaining relations with the accountant, to whom she sends cheques and to whom she sends statements of account .

Cass. crim., 19 November 2008, LawLex202200010260JBJ (LJ).

Cass. crim., 29 November 2016, LawLex202100001974JBJ (LJ); 11 December 2013, LawLex202100001893JBJ(LJ).

Cass. crim., 22 September 2010, LawLex202100002045JBJ (LJ).

Cass. crim., 26 September 2001, LawLex202100002038JBJ (LJ).

Bankruptcy Law

1036. Imputability of the offense

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

1036. Imputability of the offense

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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