Bankruptcy Law

The application to open a court-supervised liquidation procedure is filed by the legal representative of the legal entity or by the individual debtor with the registry of the competent court, in accordance with Article R. 631-4 of the Commercial Code .

A co-manager is entitled to represent an SCI alone before the court, with a view to an application to open an insolvency procedure, without the prior consent of the other co-manager being required . The appointment of the president of the chamber of judicial commissioners, following the personal suspension of the managing partners of a professional non-trading company, confers on him the status of legal representative enabling him to apply to the court for the opening of a court-ordered liquidation procedure against the company concerned . Similarly, the treasurer of an association, who as such has the status of de jure manager, is required to declare the cessation of payments by the association .

A court to which a debtor has referred an application to open an insolvency procedure may not reject it on the basis of the applicant's motives alone, which would be to provide legal certainty for the proposed redundancies .

Applicable to the receivership procedure by reference to art. R. 640-1.

CA Lyon, 24 June 2021, LawLex202200006522JBJ (LJ).

Cass. 1re civ., 27 February 2007, LawLex202100004343JBJ (LJ).

Cass. com., 13 May 2003, LawLex202200011197JBJ (RJ).

Cass. com., 3 July 2012, LawLex202100002065JBJ (RJ).

653. Legal representative