Sub-paragraph 1: Amending entries.

Articles in this section · 6

Article R123-122

French Commercial codeIn force

Updated 6 Nov 2023

I. - The following shall be entered automatically in the register:

1° Decisions, taken in safeguard or receivership or judicial liquidation proceedings for companies opened on or after 1 January 2006:

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

b) Converting the safeguard proceedings into receivership 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) Ordering the partial cessation of business pursuant to articles L. 622-10 or L. 631-15;

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

g) Amending the safeguard or reorganisation plan;

h) Declaring the safeguard or reorganisation plan resolved;

i) Terminating the safeguard or reorganisation proceedings or closing one of these proceedings;

j) Modifying the date of cessation of payments;

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

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

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

n) Terminating the application of the rules of simplified judicial liquidation;

o) Adopting the plan for the disposal of the business during receivership or judicial liquidation proceedings;

p) Amending the disposal plan;

q) Declaring the disposal plan terminated ;

r) Pronouncing the closure of the proceedings for 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 subsequent to the judgment pronouncing the closure of the judicial liquidation proceedings;

t) Pronouncing personal bankruptcy or the prohibition provided for in Article L. 653-8 with an indication of the duration for which these measures have been pronounced;

u) Replacing the judicial representatives;

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

2° Decisions made in collective coordination proceedings pursuant to Section 2 of Chapter V of Regulation (EU) No 2015/848 of 20 May 2015 on insolvency proceedings;

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

II. - With regard to decisions to open safeguard or receivership or judicial liquidation proceedings opened on or after 26 June 2018, without prejudice to 1° of I, the following are also mentioned ex officio in the register:

1° The main, secondary or territorial nature of the insolvency proceedings within the meaning of Article 3(1), (2) or (4) of Regulation (EU) No 2015/848 of 20 May 2015 on insolvency proceedings;

2° The court with jurisdiction to hear the appeal against the decision to open insolvency proceedings on grounds of international jurisdiction and the deadline for lodging that appeal;

3° The deadline for declaring claims with the electronic references of the portal provided for by Articles L. 814-2 and L. 814-13.

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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