How do I know if a company is the subject of a collective proceeding?
Verified 14 February 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
For a creditor, it is important to know at the earliest opportunity whether the debtor is the subject of an collective proceedings or even only if he encounters difficulties that can lead him there. To do this, it has several means of information.
Obligation of the court representative to inform the creditor
The company concerned by the collective proceedings has the obligation to submit to the judicial representative and to the administrator the list of its creditors with the amount of debts and the main contracts in progress.
The company in difficulty must file this list with the court registry (commercial or judicial).
Within 15 days of the judgment initiating the collective proceedings, the judicial representative must inform each creditor that he has a period of 2 months to to declare his claim. That period shall run from the publication of the procedure in the Bodacc: titleContent.
The creditor who receives a safety (pledge, mortgage...) or a contract published in a special register kept at the registry of the commercial court (leasing for example) is required to be notified by registered letter with request for notification of receipt (RRA).
Information by the creditor himself
The creditor may also inform himself of the situation of the company in difficulty in order to avoid any risk of foreclosure, in case he has not been warned.
It has 3 possibilities:
- He can find the information on the opening judgment in consulting the Bodaccor a legal listing support the place where the company in difficulty has its seat.
- He can consult company Directory.
- He may obtain all relevant information by contacting the court on which the company in difficulty depends.
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Company having a commercial or craft activity
In order to obtain information, the creditor must approach the commercial court registry of the place where the company has its seat.
Who shall I contact
Company engaged in a liberal activity
In order to obtain information, the creditor must approach the court registry of the place where the company has its seat.
Who shall I contact
- Company Directory: Find all information in a company
- Consult the Official Bulletin of Civil and Commercial Advertisements (Bodacc)
- Legal company Advertising Portal (PLPP)
- Search for proof of company registration