Chapter III: Personal bankruptcy and other prohibition measures.

Articles in this section · 11

Article L653-5

French Commercial codeIn force

Updated 7 Nov 2023

The court may declare the personal bankruptcy of any person mentioned in Article L. 653-1 against whom one of the following facts has been established:

1° Having exercised a commercial, craft or agricultural activity or a function of management or administration of a legal entity contrary to a prohibition provided for by law;

2° Having, with the intention of avoiding or delaying the opening of receivership or compulsory liquidation proceedings, made purchases with a view to resale below the market price or used ruinous means to procure funds;

3° Having entered into commitments on behalf of others, without consideration, that were deemed too large at the time they were entered into, having regard to the situation of the company or legal entity;

4° Avoir payé ou fait payer, après cessation des paiements et en connaissance de cause de celle-ci, un créancier au préjudice des autres créanciers;

5° Avoir, en abstenant volontairement de coopérer avec les organes de la procédure, fait obstacle à son bon déroulement ;

6° Avoir fait disparition des documents comptables, ne pas tenir de comptabilité lorsque les textes applicables font obligation, ou avoir tenu une comptabilité fictive, manifestement incomplète ou irrégulière au regard des dispositions applicables;

7° Avoir déclaré sciemment, au nom d'un créancier, une créance supposée.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

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

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More