Archives: French Insolvency Laws

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Declaration of debts by French debtors- creditor vigilance is still required!

Three years ago, the Commercial Code amended the procedure for declaring debts in France with the aim of simplifying the management of insolvency proceedings. Before this reform, the only way for creditors (excluding employees) to declare their debts was to send their proof of debt to the receiver within 2 months (or 4 months for those living outside … Continue Reading

Beware French Employees’ Remedy for Damage to their “Individual Interests”

It is not always easy to prioritize between the various goals pursued in every insolvency legislation, namely; the continuation of the company, preservation of the jobs, the general economic/public interest and the payment of dividends to creditors. There is no clear hierarchy in French law amongst these major targets and French case law appears fairly pragmatic. … Continue Reading

France Publishes Final List of 19 Specialised Insolvency Commercial Courts

The French government has made the assessment that certain small commercial courts were regularly finding themselves confronted with cases of great complexity, only because the company in difficulty had its head office in the jurisdiction of these courts. It therefore announced the establishment of specialised commercial courts (TCS) which will process the most complex insolvency proceedings. … Continue Reading

France names 18 Specialised Commercial Courts to deal with Largest Insolvencies

The Macron law of 7 August 2015, named after the current Minister of the Economy, anticipated the establishment of specialised commercial courts which will process the most complex insolvency proceedings. Currently, any of the 134 French commercial courts can be applied to; the choice being mainly the location of the distressed company’s headquarters. This new arrangement aims to improve … Continue Reading

French Insolvency Claims Go Online

Click here to read this article in French. It is now possible for creditors and co-contractors of insolvent companies to take certain steps in French insolvency proceedings and make certain statements “online”. Published in the middle of August, the 2015-1009 decree of 18 August 2015 could easily have gone unnoticed, if it hadn’t been expected … Continue Reading

Aristophil: French Art World Rocked by Suspected “Ponzi” Scheme

A scandal in the world of letters and old manuscripts would not have gone unnoticed and the French case of Aristophil has lead to extensive press coverage; a massive fraud is suspected with thousands of works and hundreds of millions of euros at stake. The concept was appealing: manuscripts full of history, a promise of elevated re-sale … Continue Reading

Modernisation of the French Economy and Changes in Insolvency Law

The continued modernisation of the French economy has been a long and difficult process but, as a former British prime minister was fond of saying, “there is no alternative”. Emmanuel Macron, the Minister of Economy, Finances and Industry, and other members of the French government are currently championing a new bill relating to “growth and … Continue Reading