The legislation does not set any minimum date between dissolve and the closing of the amicable liquidation. On the contrary, it defines time limits. This means that the amicable liquidator must finish certain tasks within deadlines. Foundation-company-ricard explains to you the deadlines for dissolving and liquidating a company friendly.
The partners of a company can decide on its voluntary closure. This procedure consists of two main steps: dissolution and liquidation friendly. It must be ensured that creditors are not harmed and that the company is not in default of payment. For this, there is a maximum delay not to exceed.
Once the dissolution has been pronounced, the amicable liquidator can proceed with the sale of the company's assets and the clearance of its debts. The procedure then ends with the vote of the final closing of the liquidation. The mandate of the liquidator cannot last more than three years. However, the articles of association may provide for a shorter duration. Beyond this period and without justified extension, the clerk of the commercial court may proceed to the cancellation of the company.
Various steps are necessary during a dissolution-liquidation. They are generally spread over a period of 1, 3 and 6 months. Here are the main ones.
In the month following the decision to close the liquidation, the company must carry out its mandatory procedures. It is a question of filing the minutes at the registration, of distributing a legal announcement and of requesting its removal from the register of commerce and companies.
Six months after its nomination, amicable liquidator must bring together the partners and organize an ordinary general meeting. He must then provide them with a report on the accounting situation and the time required to finalize the transactions.
Exceptionally, a court decree may authorize a duration of 12 months.
If the company closes one or more accounting exercises during liquidation, it is subject to the classic deadlines.
The liquidator thus has 3 months to draw up the annual accounts and present them to the partners. He has 6 months to organize an ordinary general meeting and submit to them a report on the liquidation operations.
Here's a very summary of deadlines to respect for the early termination and amicable liquidation :
| Time limit | Starting point | Works |
|---|---|---|
| 1 months | Early dissolution decision | Publication of a legal notice and filing of a file at the court registry |
| 6 months | Appointment of the amicable liquidator | Convocation of the shareholders to an ordinary general meeting to present the situation and give estimates of duration |
| 3 and 6 months | Closing of the accounting year | Preparation of the annual accounts, drafting of a management report on liquidation operations then summons of the partners |
| 3 | Beginning of liquidation period | Sale of assets, clearance of liabilities, establishment of liquidation accounts final and closing of the liquidation |
| 1 months | Closing of the amicable liquidation | Registration of the liquidation minutes (if bonus), publication of a legal announcement and request for deletion from the RCS |
Other articles on the subject of closures:
from a company
A1: The dissolution and liquidation of a company must be carried out within 3 months from the date of the dissolution decision.
A2: Dissolution and liquidation must be carried out by the legal representative(s) of the company.
A3: If the 3 month deadline is not respected, the legal representatives of the company can be sanctioned by law.
