By Yasmine EDDAM
28 April 2025
When a company is experiencing major financial difficulties, there is a particularly sensitive period before the official launch of receivership or liquidation proceedings. This is known as the «suspect period», a period during which certain actions taken by the director may be called into question. You can consult our general article explaining what the suspect period is for a better understanding of this concept. French law, through the Commercial Code, has drawn up a list of acts which, if carried out during this period, are considered to be so prejudicial or abnormal that they are annulled almost automatically by the court. These are known as «nullities by operation of law». Unlike so-called optional nullities, where the judge has a margin of discretion, here the sanction is much more direct if the conditions are met. Understanding what these acts are is essential for all company directors, but also for those...
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