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.