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30.11.2011
Newsletter December 2011

COMPANIES DISAPPEARING WITHOUT LEAVING ANY TRACE!

 

In France we meet more and more small companies disappearing without applying and respecting the legal procedures.

In the most of the cases this are companies with unpaid debts.

This phenomenon is not faced with bigger companies. The normal procedure to stop a company is the amicable dissolution. This decision has to be published in specific newspapers and the register of commerce.

 The formalities are very precise, long and restrictive. The amicable liquidator has to sell the assets and pay the debts. If the debts are higher than the assets he has to file for bankruptcy immediately. If he doesn’t he is responsible on his own properties.

In fact more and more small companies declare that they are in an amicable liquidation, the former manager and owner is nominated as the liquidator, he pays no one and ask for the radiation of the Company from the Register of Commerce.

Some commercial courts delist automatically companies without any activity.

When the Company disappears from the Register of Commerce, the creditor has no more possibility to act.

To avoid this trap, you have to act without any delay when you get informed about the amicable dissolution of one of your debtors.

You have to be informed permanently.

 

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