Bankruptcy Law

Under the terms of Article R. 631-1 of the French Commercial Code, the application to open the receivership procedure must be filed with the registry of the competent court. The text lists the documents to be attached to the application. In particular, the debtor must provide the annual accounts for the last financial year, the statement of current liabilities and available assets as well as a dec …

Submission and content of application

Under the terms of Article R. 631-1 of the French Commercial Code, the application to open the receivership procedure must be filed with the registry of the competent court. The text lists the documents to be attached to the application. In particular, the debtor must provide the annual accounts for the last financial year, the statement of current liabilities and available assets as well as a declaration of cessation of payments.

The debtor must also enclose a cash flow statement less than one month old, the number of employees at the date of the application, and a summary inventory of the debtor's assets or, if assets have been allocated to the business in difficulty, of the assets allocated to the exercise of that business. The application also contains a quantified statement of claims and debts, indicating the name, address or headquarters of the creditors and, in the case of employees, the total amount of unpaid sums. The list of creditors drawn up by the debtor at the time of filing the application to initiate the procedure does not constitute a declaration of claim on behalf of the creditor .

Other information is required, such as a statement on honor certifying the absence of any ad hoc mandate or conciliation procedure relating to the assets in question in the eighteen months preceding the date of the request, as well as other documents that vary according to the form in which the debtor carries on its business and the nature of the business itself.

CA Rouen, 9 November 2017, LawLex202200006534JBJ (RJ) ; 11 May 2017, LawLex202200006535JBJ (RJ).

Bankruptcy Law

313. Submission and content of application

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313. Submission and content of application

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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