The law concerning collective proceedings allows the administrator to choose between the extension and the termination of ongoing contracts. Contracts that are ongoing on the day of the opening of the procedure are terminated by rights after a formal notice remained unanswered within one month, submitted by the contractive party to the administrator.
The supervisory judge can reduce or extend the one-month time limit.
The termination occurs by full rights, but still needs to be ordered by the supervisory judge.
Legal references: Articles L 622-13 to L622-16 of the Commercial code, Articles 67 and 88 of decree n° 2005-1677 of December 28th 2005
- Conditions
- A collective procedure must be ongoing at the moment of the application.
- The applicant must be a contractor.
- A formal notice must have been addressed to the administrator, asking him to decide on the pursuance of the contract
How to make an application?
The request is brought at the Registry.
3 original copies must be provided (office n°11), including the original one with our references.
The term of the contract has to be mentioned.
Download an example of application(In French)
Fees
Click here to know the fees.
Appeal:
Orders of the supervisory judge can be appealed within 10 days pursuant the notification, by declaration made at the Registry or by certified letter with return receipt.