Chapter IV: Simplified judicial liquidation.

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Article L644-4

French Commercial codeIn force

Updated 7 Nov 2023

At the end of the procedure for verification and admission of claims as provided for in Article L. 644-3 and the realisation of assets, the liquidator shall include his proposals for distribution on the statement of claims. He shall assess the amount of the legal costs mentioned in 3° of I of Article L. 643-8 that are foreseeable. This completed statement is filed with the registry and published. However, if it appears that the sums to be distributed only allow for the payment of the creditors mentioned in 1° to 6° of I of Article L. 643-8, the completed statement shall only be filed with the registry.

Any interested party may examine the statement and, with the exception of the liquidator, lodge a complaint with the official receiver under conditions laid down by decree in the Conseil d'Etat. The debtor's complaints may only relate to the proposed distributions. Those of the creditors may not be lodged against the decisions of the juge-commissaire entered on the statement of claims to which they have been a party.

The official receiver shall rule on the disputes in a decision that may be appealed within a period set by decree in the Conseil d'Etat.

The liquidator shall proceed with the distribution in accordance with his proposals or the decision rendered.

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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