Bankruptcy Law

The exercise of a craft activity is understood to mean the exercise of a manual activity, on a professional basis and independently, from which the debtor derives the major part of his profit. If the debtor earns more from the income derived from the purchase for resale, by speculating on materials, labor or machinery, he must be classified as a trader . Initially assimilated to the latter, the ar …

Exercise of a craft activity

The exercise of a craft activity is understood to mean the exercise of a manual activity, on a professional basis and independently, from which the debtor derives the major part of his profit. If the debtor earns more from the income derived from the purchase for resale, by speculating on materials, labor or machinery, he must be classified as a trader . Initially assimilated to the latter, the artisan is, since the Ordinance of 18 December 2008, expressly referred to in Article L. 631-2 of the Commercial Code .

The exercise of a craft activity can no longer be deduced, as it was before 2008, from the sole registration of the natural person in the trade register, even if the omission of this formality is not without impact. Indeed, registration in the register of companies and establishments does not confer on a debtor who is not registered in the register of companies or the register of trades the status of a craftsman, which would allow him to apply for the benefit of an insolvency procedure .

In addition, the unregistered debtor remains subject to the regime of insolvency proceedings when he carries on a craft activity under the cover of an association in order to evade his social security contributions . Finally, the striking off of a former self-employed roofing craftsman from the trade register does not exclude his submission to the regime of the insolvency procedure in the year of the cessation of his activity, when all or part of his liabilities come from the latter . Furthermore, a natural person who has allegedly transformed his activity as an electrician into an EIRL may be subject to an insolvency procedure in this latter capacity, as long as he is still the named operator, his declaration of assignment of assets is false and he has failed to comply with his obligation to provide information .

CA Agen, 20 June 2006, LawLex202100006050JBJ (LJ).

C. com. L. 631-2, which now refers to the exercise of a “craft activity”. For applications, see in particular CA Rennes, 17 November 2009, LawLex202100005834JBJ (RJ); CA Bourges, 15 February 2018, LawLex202100006040JBJ (LJ).

CA Colmar, 21 September 2020, LawLex202100006037JBJ (LJ).

CA Rennes, 12 February 2008, LawLex202100005832JBJ (RJ).

CA Paris, 27 July 2012, LawLex202100006045JBJ (LJ).

CA Riom, 14 January 2015, LawLex202100006048JBJ (LJ).

Bankruptcy Law

287. Exercise of a craft activity

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287. Exercise of a craft activity

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise