Bankruptcy Law

The exercise of a craft activity means the exercise of a manual activity, on a professional basis and independently, from which the debtor derives the majority of his profit. If the debtor earns more through income from buying and selling, speculating on materials, labor or machinery, he must be classified as a trader . Initially treated in the same way as a trader, since the Ordinance of 18 Decem …

Carrying on a craft activity

The exercise of a craft activity means the exercise of a manual activity, on a professional basis and independently, from which the debtor derives the majority of his profit. If the debtor earns more through income from buying and selling, speculating on materials, labor or machinery, he must be classified as a trader . Initially treated in the same way as a trader, since the Ordinance of 18 December 2008 craftsmen have been expressly listed in Article L. 640-2 of the Commercial Code as one of the persons who may be subject to compulsory liquidation .

As was the case prior to 2008, the carrying on of a craft activity can no longer be deduced solely from the individual's registration in the Trades Register, even if the omission of this formality is not without consequence. Registration in the register of companies and establishments alone does not confer on debtors who are not registered in the register of companies or the register of trades the status of craftsmen that would enable them to apply for the benefit of an insolvency procedure .

Conversely, the removal of a former self-employed roofer from the trade register does not rule out his being subject to the compulsory liquidation procedure in the year in which he ceases trading, if all or part of his liabilities derive from this activity .

Carrying on a craft business using a corporate form that has been diverted from its intended purpose does not make it possible to escape the regime of insolvency proceedings. This is the case of a debtor, even one who is not registered, who carries on his business under the guise of an association in order to avoid paying social security contributions , or of a debtor who has allegedly converted his business as a self-employed electrician into an EIRL, even though he is still the named operator, whose declaration of assignment of patrimony is untrue and who has failed in 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 Paris, 27 July 2012, LawLex202100006045JBJ (LJ).

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

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

Bankruptcy Law

625. Carrying on a craft activity

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625. Carrying on a craft activity

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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