Section 1: Referral to and decision by the court.

Articles in this section · 21

Article R621-8

French Commercial codeIn force

Updated 5 Nov 2023

The judgment opening the safeguard proceedings shall be mentioned together with an indication of the powers conferred on the administrator, where one has been appointed, in the register of commerce and companies if the administrator is a trader or a legal person registered in that register. In addition, for proceedings opened on or after 26 June 2018, the judgment shall be mentioned together with an indication of 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, the court with jurisdiction to hear the appeal against the decision to open insolvency proceedings on grounds of international jurisdiction and the time limit for lodging this appeal, and the time limit for the declaration of claims with the electronic references of the portal provided for in Articles L. 814-2 and L. 814-13.

The clerk's office of the court that opened the proceedings shall request the keeper of the National Register of Companies to enter the same particulars for sole proprietorships that are registered there, under the conditions set out in article R. 123-294.

If the person is not registered in the Trade and Companies Register or the National Register of Companies, the particulars shall be entered in a register opened for this purpose at the clerk's office of the judicial court. In this case, the registrar shall indicate, as appropriate, the registered office or address of the debtor, the surname, first names and address of the legal representative of the debtor legal entity or of the debtor natural person.

If a declaration of assignment has been made in accordance with article L. 526-7 or if the debtor is a sole trader whose status is defined in Section 3 of Chapter VI of Title II of Book V, mention of the opening judgment is also made, at the request of the clerk of the court that pronounced it, either in the special register mentioned in article R. 526-15, or in the register mentioned in article R. 134-6, where the debtor is registered in one of these registers.

A notice of the judgment is sent for insertion in the Bulletin officiel des annonces civiles et commerciales. This insertion shall contain an indication of the name of the debtor or, where the proceedings are opened in respect of the activity of a sole trader with limited liability to which assets are assigned, the name provided for in the last paragraph of Article L. 526-6, as the case may be, of its registered office or business address, its unique identification number and, where applicable, the name of the town of the registry or regional chamber of trades and crafts to which it is subject or, if assets have been allocated to the business in difficulty and as the case may be, the town where the registry keeps the register provided for in Article L. 526-7, the business carried on, the date of the judgment opening the proceedings and, where applicable, the date of cessation of payments set by the court, if different. It also specifies the name and address of the judicial representative and of the administrator, if one has been appointed, with an indication of the powers conferred on the latter. It includes the notice to creditors to declare their claims to the judicial representative and the deadline for this declaration. Finally, it indicates the electronic references of the portal provided for by articles L. 814-2 et L. 814-13. In addition, for proceedings opened on or after 26 June 2018, this insertion specifies the main, secondary or territorial nature of the insolvency proceedings within the meaning of Article 3(1), (2) or (4) of Regulation No. (EU) 2015/848 of 20 May 2015 on insolvency proceedings and the court with jurisdiction to hear the appeal against the decision to open the proceedings on grounds of international jurisdiction, as well as the time limit for lodging this appeal.

The same notice shall be published in a legal announcement medium in the place where the debtor has its registered office or business address and, where applicable, its secondary establishments.

The registrar shall carry out these advertisements ex officio within fifteen days of the date of the judgment.

Mariela Petrova

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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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