Declaration of indebtedness to the court-appointed representative
- Formalities Trade and Companies Register
- Entry on the Trade and Companies Register
- RCS Modification
- Striking off the Trade and Companies Register
- Dépôt d'actes
- Filing of annual accounts by the company
- Order for payment
- Supervising formalities
- Notice of the RCS coordination committee
- Guide to formalities
- Subject-specific files
- Forms and templates to be downloaded
- Tarifs des formalités
- Infogreffe mes aides publique.fr
- Registre des bénéficiaires effectifs
- Signature RGS**
- Modèle des bénéficiaires effectifs
- Les démarches préalables aux formalités en ligne
Procedures Guide
The Procedures guide allows entrepreneurs and decision-makers to have a reliable, precise and up to date overview of legal procedures and measures concerning commercial formalities to be undertaken. It is broken down into 6 sections in which you can find information and documentation required for formalities with Registry Offices at the Commercial Courts.
Sommaire des formalités
- Trade and companies register
- Commercial agents
- Privileges and pledges
- Entreprises en difficulté
- Substance, summary proceedings, applications
- Request for opening of a reorganisation proceeding
- Request for opening of receivership proceedings
- Request for opening mandatory liquidation proceedings
- Declaration of indebtedness to the court-appointed representative
Declaration of indebtedness to the court-appointed representative
When the debtor brings an indebtedness to the attention of the court-appointed representative, it is deemed to have been for the account of the creditor if the latter has not sent a declaration of indebtedness.
The declaration of indebtedness interrupts any lapse until the closing date of the proceeding; it is exempt from service of process and is equivalent to prosecution.
In the absence of declaration during the legal period, the creditor may request to be relieved from failure to timely file within the period of six months from publication in BODACC (under certain circumstances: cf. Articles L. 622-26 and R. 622-25 of the Commercial Code with respect to protection; L. 622-26, L. 631-14 al. 1 R. 622-25 and R. 631-27 of the Commercial Code with respect to receivership; L. 622-26, L. 641-3 al. 4 R. 622-25 and R. 641-25 of the Commercial Code with respect to mandatory liquidation).
Within the framework of protection proceedings or of receivership, in the event of default in declaration or absence of retrieval from untimely filing, the indebtedness is unenforceable against the debtor during execution through end of the plan, when the commitments referenced in the plan have been respected (Art. L. 622-26 al. 2 of the Commercial Code with respect to protection; L. 622-26 al. 2 and L. 631-14 al. 1 of the Commercial Code with respect to receivership). Within the framework of mandatory liquidation, in the event of default in declaration or of absence of retrieval from untimely filing, the indebtedness is not extinguished, however the creditor does not participation in distributions made during the procedure.