Commercial, business and competition law

Commercial, business and competition law, Companies in difficulty

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 of time during which certain actions taken by the director may be called into question....

Commercial, business and competition law, Companies in difficulty

When a company is experiencing significant financial difficulties, the prospect of receivership or liquidation proceedings may become a reality. Even before such proceedings are officially opened by the court, a critical and often little-known phase begins: the suspect period. This period is not insignificant. The decisions taken, the...

Commercial, business and competition law, Companies in difficulty

The increasing internationalisation of trade and the location of companies means that there are more and more situations where financial difficulties extend beyond the borders of a single country, particularly for regulated companies operating internationally. What happens when a French or foreign company with links to France finds itself in financial difficulty?

Commercial, business and competition law, Companies in difficulty

Facing insurmountable financial difficulties is a dreaded ordeal for any company director. When recovery solutions seem out of reach, judicial liquidation becomes a concrete prospect. Although this procedure is difficult, it is governed by precise rules designed to organise the end of the business and to...

Commercial, business and competition law, Companies in difficulty

When a company goes into compulsory liquidation, the outcome may seem inevitable: the disappearance of the business and the sale of the assets. However, the procedure must formally come to an end, and this end, known as closure, can take different forms with varying consequences, particularly for the individual debtor. In addition, for...

Commercial, business and competition law, Companies in difficulty

The opening of a judicial liquidation procedure marks a turning point not only for the company and its director, but also directly for its creditors. Suppliers, banks, social security bodies, tax authorities, employees... all find themselves faced with a situation where the recovery of their debts becomes uncertain and...

Commercial, business and competition law, Companies in difficulty

The prospect of compulsory liquidation is a critical time for any company and its director. Often dreaded, this procedure marks a decisive turning point, generally when financial difficulties reach a point of no return. It is important to understand the circumstances in which this procedure can be initiated and the immediate consequences...

Commercial, business and competition law, Companies in difficulty

Navigating a company through financial difficulties is a demanding ordeal for any manager. In addition to the operational and economic challenges, particular attention must be paid to the personal responsibilities that may be incurred. In the event of receivership or, more frequently, compulsory liquidation, a company director may find himself exposed to...

Commercial, business and competition law, Companies in difficulty

When a company encounters difficulties, the law provides for various mechanisms to try to turn it around or, failing that, to organise its liquidation under the best possible conditions. However, these procedures can also lead to the liability of directors being called into question, or even to their being punished. For an overview...

Commercial, business and competition law, Companies in difficulty

Unfortunately, a company's economic difficulties can extend beyond the commercial and financial sphere into the criminal sphere. When risky or even fraudulent management is suspected of having precipitated the company's downfall, the director is exposed to particularly severe penalties. In addition to the civil and professional penalties that can exclude them from the life of their company, they can also be...

Commercial, business and competition law, Companies in difficulty

In addition to the direct financial consequences for the company and potentially for the executive's personal assets, difficulties can lead to sanctions of another kind, just as formidable: professional sanctions. These are not aimed directly at the portfolio, but at the manager's very ability to practise his profession, to manage,...

Commercial, business and competition law, Companies in difficulty

Business life is rarely a smooth ride. When difficulties accumulate and receivership becomes inevitable, a major fear emerges for managers: that of being personally liable for the company's debts out of their own assets. This very real threat has a name...

Artisan, Commercial, business and competition law

Owning a craft business means owning much more than just a set of physical assets. It is a dynamic working tool, a source of income, but also a valuable asset that can be used to obtain credit or whose transfer can be judiciously prepared. To fully understand the implications of this, we need to...

Commercial leases, Commercial, business and competition law

The approach of the end of a commercial lease is a major strategic step for any tenant company, as well as for the owner of the premises. Mastering the day-to-day management of your commercial lease is essential if you are to anticipate this pivotal period as effectively as possible. This is the time when key issues come together: the tenant, the landlord and the...

Commercial, business and competition law, Transport

Road freight transport (RTT) is much more than just trucks on the road. It is a vital economic activity, at the heart of trade, but also an activity governed by a dense set of legal and administrative rules. Whether you're an entrepreneur looking to set up your own business,...

Commercial, business and competition law, Transport

Contracts are the cornerstone of any business relationship, and the road haulage sector is no exception. Whether it's a one-off shipment or a regular collaboration, the agreement between the principal (shipper or freight forwarder) and the carrier defines the rights and obligations of both parties.

Commercial, business and competition law, Transport

Obtaining authorisation to operate as a road haulage operator, as we saw in our article on the conditions for entering the profession, is only the first step. Once your company has been set up and you have your licence, you need to understand and master the rules governing the movement of goods...

Commercial, business and competition law, Transport

Road haulage is essential to the economy, but it is also a regulated profession. Entering this sector is not something you can improvise. The law imposes a strict framework to guarantee the safety, reliability and competence of operators. Before you can launch your business and make a name for yourself...

Artisan, Commercial, business and competition law

The craft industry is an essential pillar of the French economy, a dynamic sector with an incredible diversity of trades. However, behind the familiar image of manual skills, the legal status of the craftsperson is sometimes hard to pin down. It is vital for the person carrying out the activity, as well as for their customers and partners, to know...

Commercial, business and competition law

In the business world, where the signed document often seems to govern all relationships, the contract does not say everything. In addition to negotiated clauses, there are unwritten rules that have a profound influence on day-to-day professional activity. Often overlooked, they are a source of law in their own right...