Sub-paragraph 1: Registrations and amending registrations carried out ex officio

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Article R123-298

French Commercial codeIn force

Updated 6 Nov 2023

The clerk of the commercial court or of the judicial court shall request the keeper of the National Register of Companies, via the single body mentioned in Article R. 123-1, to enter the following information in the file of a natural person who is not registered in the Trade and Companies Register, in the Special Register of Commercial Agents or in the Special Register of Limited Liability Companies:


1° Decisions taken in safeguard, receivership or liquidation proceedings initiated on or after 1 January 2006:


> a) Opening the safeguard proceedings or the receivership or liquidation proceedings a) Opening the safeguard or receivership proceedings with an indication of the names of the court-appointed representatives and, where applicable, the powers conferred on the administrator;


> b) Converting the safeguard or receivership proceedings into judicial liquidation proceedings with an indication of the names of the court-appointed representatives and, where applicable, the powers conferred on the administrator b) Converting safeguard proceedings into legal redress proceedings, with an indication of the powers conferred on the administrator;



c) Extending the observation period;


d) Appointing an administrator or modifying the administrator's powers;


e) Extending the observation period d) Appointing an administrator or amending the administrator's powers;


e) Ordering the partial cessation of business pursuant to articles L. 622-10 or L. 631-15;

f) Adopting the safeguard or recovery plan, with an indication of the name of the commissioner responsible for implementing the plan;


g) Modifying the safeguard or reorganisation plan;


h) Rescinding the safeguard or recovery plan;


> i) Terminating the proceedings;


ii) Terminating the proceedings;


iii) Rescinding the proceedings i) Putting an end to the safeguard or receivership proceedings or closing one of these proceedings;


> j) Modifying the date on which the safeguard or receivership plan is to be closed j) Modifying the date of cessation of payments;


> k) Opening or pronouncing the suspension of payments k) Opening or pronouncing a judicial liquidation, with an indication of the name of the liquidator;


l) Authorising the continuation of business in a compulsory liquidation, with, where applicable, the name of the administrator appointed;


m) Applying the rules of simplified judicial liquidation to the proceedings;


n) Putting an end to the application of the rules of simplified judicial liquidation;


> o) Adopting the liquidation plan for the business o) adopting the plan for the sale of the business during the course of receivership or compulsory liquidation proceedings;


p) Amending the transfer plan;


> q) Declaring the winding-up of the company;


q) Rescinding the sale plan;


> r) Closing the sale plan;


m) Rescinding the sale plan r) Declaring the closure of the proceedings on the grounds of extinction of liabilities or insufficiency of assets with, where applicable, an indication of the authorisation of the resumption of individual actions by any creditor against the debtor;



s) Authorising the resumption of individual actions by any creditor against the debtor after the judgment closing the judicial liquidation proceedings;


t) Declaring the bankruptcy of the debtor t) pronouncing personal bankruptcy or the prohibition provided for in Article L. 653-8, with an indication of the period for which these measures have been pronounced;


u) Replacing court-appointed agents;


v) Deciding on the resumption of business v) Deciding on the resumption of the judicial liquidation proceedings;


w) Ordering the extension of the proceedings or the reunification of assets pursuant to Article L. 621-2;


2° Decisions taken in collective coordination proceedings pursuant to Section 2 of Chapter V of Regulation (EU) 2015/848 of 20 May 2015 on insolvency proceedings;


3° The decision pronouncing the closure of the professional recovery procedure and the cancellation of debts.

Mariela Petrova

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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

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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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