A graduate of the university of Grenoble-Alpes and Grenoble Ecole de ManagementBenjamin is a specialist in issues related to intellectual property and enterprise creation. Under the direction of Pierre Aïdan, doctor of law and a graduate of Harvard. We often talk of 'liquidation' to designate the procedure, marking the end of life of a society. However, it is a shortcut, which disregards The causes of the dissolution and liquidation are many and varied, financial difficulties and a disagreement between the partners being the most common. In all cases, the decision of the partners is required for a as for example the sleep of a society, which consists simply of a temporary shutdown of the company. (in case of paralysis of the functioning of society, following the disagreement between the partners). The rules of majority to decide on dissolution vary according to the social forms: the majority required for a SAS is not the same as the majority required for the dissolution of an LLC. It is a necessary prerequisite to the liquidation procedure, which should, in principle, to succeed him. It captures so well here When the decision of dissolution has been taken by the partners in a general meeting, they shall appoint a liquidator in the minutes of dissolution, then, In principle, the liquidation takes place automatically after the pronunciation of the dissolution, whatever the cause.
However, if the company is private limited and the sole shareholder is a legal person, the dissolution of the SASU and EURL, without liquidation, to speak of this particularity, one uses also the term For the SASU and EURL with associated persons, SAS, SARL and SCI, there are two types of liquidation: in this case liquidation is decided upon by the judge of the court of commerce because the company cannot pay its debts.
The judicial liquidation procedure corresponds to the bankruptcy of the enterprise: it is necessary, therefore, to the associated. This is the case of a company that is in bankruptcy (one speaks of 'realise' the assets), to distribute the amount to the creditors, and, in the case of remaining, to the partners. (sum of money paid to the partners after creditors are paid, and the contributions of each of the associated recovered) or the (losses borne by the partners up to their share of the capital of the company) are then determined. In other words, it sets the result to be shared between the partners. Report to the partners of the progress of operations and the situation of the company (preparation of the annual accounts, the convocation of the annual general meeting, etc) to Decide which of the contracts it terminates, and of those he continues the liquidator may also dispose of the property of the company, in the months following the closing of the transactions and formalities for the liquidation. Such a request is made to the registry of the commercial court who will then take care of inserting a notice in the BODACC. We have just seen that the judicial liquidation is a procedure ordered by a judge when the company can no longer pay its debts. You are affected by the winding up court when you're There is talk of filing for bankruptcy when the money has your company or your individual business is not enough to pay all the debts of the company. As soon as you find yourself in this situation, you have in principle to make the declaration of your bankruptcy filing at the registry of the competent court (tribunal de commerce for a business or craft activity, otherwise TGI). This obligation of declaration of its bankruptcy for legal representatives, that is to say, the officers of the companies, and physical persons that carry on their activity with an individual business (auto-entrepreneur, EIRL). and that a backup procedure or recovery would be useless After the pronouncement of the judicial liquidation, a liquidator is appointed and manages the liquidation phase as explained above. In summary it is important to understand that the judicial liquidation is a procedure imposed when you are in great financial difficulty and that you have the procedure: if you are in a state of cessation of payments and which you do not of filing for bankruptcy, you take the risk of being sanctioned, including a prohibition to manage.
