By Raphaël MORENON
19 March 2025
The seizure of shareholders' rights enables creditors to take legal action to seize and then sell the shares held by their debtor. This procedure has existed since the 1991-1992 reform of enforcement procedures, but is still rarely used. Why is this potentially formidable legal tool so little used in practice? A codified but underused procedure The Code of Civil Enforcement Procedures devotes an entire chapter to this seizure, which has now been integrated into the broader framework of seizure of intangible rights. In theory, a creditor in possession of a writ of execution can have his debtor's shares sold in order to pay himself out of the proceeds. This procedure applies equally to rights in partnerships (shares in SCIs, SARLs and SNCs) and in limited companies (shares in SAs and SASs). In theory, it is a powerful lever. In practice, however, the...
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