How do I know if a company is the subject of collective proceedings?
Verified 22 June 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
For creditor, it is important to know as soon as possible whether the debtor is the subject of collective proceedings or even only if he encounters difficulties that could lead to them. To do this, it has several means of information.
Information by the creditor representative or the liquidator
Within 15 days of the judgment opening a collective proceeding, the creditor representative or the liquidator must notify the creditors of which he has knowledge so that they may declare the claim.. Creditors shall have a period of 2 months from the publication of the proceedings in the Bodac: titleContent to declare their claim to the liquidator or representative of the company's creditors.
Creditors who benefit from security (pledge, mortgage, etc.) or a contract that has been the subject of an advertisement (e.g. leasing) must be notified by registered letter with application for a notice of receipt (LRAR).
Information by the creditor himself
The creditor may also inform himself of the situation of his debtor to avoid any risk of foreclosure, in case he has not been warned.
Several possibilities are offered.
- Viewing Bodac: titleContent or JAL: the creditor may find the information relating to the judgment of initiation in consultant Bodac or JAL the place where the debtor has the registered office of his undertaking
- Commercial Court: he can also obtain all useful information by contacting the registry of the commercial court (or the court where there is no commercial court) where the debtor is registered
- Research on enterprises registered with the RCS :: it is possible to obtain a certificate attesting to the existence or absence of a collective proceeding and copies of the judgments. It is also possible to monitor a company and to be alerted to the opening of a collective procedure.
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- Trade Code: Article L622-24Declaration of claims to the judicial representative (legislative part)
- Trade Code: Article R622-21Declaration of claims to the judicial representative (regulatory part)
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