Section 3: Closure of judicial liquidation proceedings

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Article L643-13

French Commercial codeIn force

Updated 7 Nov 2023

If the judicial liquidation is closed due to insufficient assets and it appears that assets have not been realised or that actions in the interest of creditors have not been taken during the course of the proceedings, the proceedings may be resumed.

The matter is referred to the court by the previously appointed liquidator, by the public prosecutor or by any interested creditor. If the matter is referred to it by a creditor, the latter must prove that he has deposited at the court registry the funds required for the costs of the operations. The amount of the costs deposited shall be reimbursed to the creditor by priority out of the sums recovered following the resumption of the proceedings.

The resumption of the proceedings shall produce its effects retroactively for all of the debtor's assets that the liquidator should have realised prior to the closure of the judicial liquidation proceedings.

If the debtor's assets consist of a sum of money, the procedure provided for in Chapter IV of this Title shall apply by operation of law.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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