MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Republic of France in FrenchThe French Republic has issued the following statement:
Image 1Credits: Renata Hamuda – stock.adobe.com
In order to put an end to numerous fraudulent practices, the decree of July 7, 2024 establishes new obligations relating to the publicity of the dissolution of the company and the filing of new documents during an amicable liquidation.
All of these new provisions will take effect on October 1, 2024.
Objectives of the publication of the dissolution in the BODACC
In order to ensure that creditors are properly informed and to combat fraud, it will be mandatory to publish the dissolution of a company giving rise to a TUP procedure only in the BODACC.
Until now, this publication was made in a legal notices journal, which could contravene compliance with the 30-day deadline for opposition to the dissolution by creditors. Indeed, in order to avoid debt recovery, companies published the dissolution in a legal notices journal that was less visible than a publication in the BODACC and deliberately delayed the completion of the formalities (filing of the file noting the dissolution and the deletion file) in the trade and companies register (RCS).
The publication of the dissolution of the company in the BODACC, which publishes the acts registered in the RCS, therefore allows better information for creditors wishing to oppose this dissolution.
Reminder
The TUP is mandatory when the company has only one partner and this partner is a legal entity.
Friendly liquidation: new documents requested
Still with the aim of avoiding fraudulent manoeuvres, in the event of amicable liquidation (taking place during a voluntary cessation of activity), it will now be mandatory to file with the registry of the commercial court as an annex to the RCS:
a certificate of social regularity; a tax certificate of account up to date at the time of closing of the amicable liquidation.
This new obligation makes it possible to certify that the company has no debts and has enough assets to settle all of its liabilities.
Reminder
The company must also provide:
the final accounts; the decision of the partners; if applicable, the court decision on the accounts and, where applicable, on the closure of the liquidation.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.
