The registry of the commercial court may, for various patterns, carry out the automatic registration of a company in the trade and companies register (RCS). However, this decision is not final and the company can contest this administrative sanction and obtain its cancellation. The law offers two possibilities and the company has a period of 6 months to act. here is method to follow to obtain the cancellation of an ex officio cancellation.
Conditions required to obtain the cancellation of an ex officio expulsion
A company cannot request the withdrawal of his ex officio striking off only if certain conditions are met. It is therefore necessary to analyze the reason for which the registry ordered the ex officio striking off and the current situation of the company.
A request for cancellation of ex officio cancellation has no chance of succeed that if:
- La situation having led to the radiation was corrected (Article R123-137 of the Commercial Code),
- The commercial court struck off the company from erroneous data (Article R123-138 of the Commercial Code).
Be that as it may, the removal of a statement of automatic cancellation can only be obtained within six months that follow the delisting decision. Beyond that, the company must be re-registered in the Trade and Companies Register (RCS) with identical characteristics, and will thus obtain a new identification number (SIREN).
However, a company removed from the RCS is still legally in existence. It retains all its rights and obligations prior to its removal and must repay its debts. There are only two ways to close it permanently: you have to dissolve it et liquidate it or file for bankruptcy.
Request for revocation of ex officio cancellation
To obtain the cancellation of an automatic deregistration, the company must submit a request for revocation of cancellation » at the registry of the commercial court, within 6 months. The request, sent by registered letter with acknowledgment of receipt (LRAR), must contain a letter explanation and a M2 formand an payment of 62,08 euros must also be attached to the shipment.
In the “Observations” part of the M2 form, the company must mention its request for withdrawal of the cancellation. It must also specify the date. For the rest, the form must be completed taking into account the regularization carried out, if this has not yet been done (for example, filing of accounts or regularization of the registered office).
The letter, written on plain paper, must justify the regularization of the company's situation. The latter must attach to its submission all the documents necessary to prove its good faith. In the event of refusal or non-response within 15 days, it may appeal to the judge responsible for supervising the RCS.
Also read on the subject of closure:
