Le director of a company must, on accepting his duties, provide a certificate. This document certifies that he has not been convicted and that he is therefore authorized to carry out his mission. He also indicates his family relationship and signs and dates the declaration. Foundation-company-ricard offers you an explanatory file on the liquidator's certificate of non-conviction.
when company is dissolved, the partners – or the judges in the event of legal proceedings – must appoint a liquidator. The latter will take care of liquidation transactions, including sale of assets, collection of receivables, repayment of liabilities and final liquidation account.
This nomination must be accompanied by various legal formalities to perform. A legal announcement must be published and a file must be submitted to the business formalities centre. The purpose of this approach is to ask the registry of the commercial court to modify the registration of the company in the Trade and Companies Register (RCS) and edit a new Kbis extract.
In order for these changes to be made, the Registrar requires several documents and receipts. Among them is the sworn statement of non-conviction and details of the liquidator's parentage. A proof of identity (CNI, passport, residence permit or prefectural authorization) is also necessary if the liquidator does not appear on the Kbis extract.
Le liquidator must complete the same sworn statement than that requested when the business was created. here is a free pattern customizable:
STATEMENT OF NON-CONVICTION
I, the undersigned), [Birth name (+ spouse's name for married women) and first names of the liquidator]
Living in [Liquidator's personal address]
Born [Liquidator's date of birth] à [Liquidator's place of birth]
Son (or Daughter) of [Father's surname and first names] as well as [Mother's birth name and first names]
Declares on my honor, according to article A. 123-51 of the Commercial Code concerning the register of commerce and companies, that I have not been the subject of any criminal judgment, nor of civil or administrative sanction likely to m prohibit the management, administration or direction of a legal person, or the exercise of a commercial activity.
Made in [Location], the [date]
[Signature]
According to article L123-5 of the Commercial Code, intentionally providing inaccurate or incomplete data with the aim of modifying a file at the Chamber of Commerce and Companies is punished with a fine of 4500 euros and a six month prison sentence.
In addition, this condemnation may be accompanied by a disqualification from being eligible in some elections. This deprivation of civic rights cannot exceed the duration of 5 années.
Also read on the subject of dissolution:
The purpose of the declaration of non-conviction and filiation of the liquidator is to certify that the liquidator is not convicted and that he is legally bound to the company in liquidation.
The declaration of non-conviction and filiation of the liquidator must be signed by the liquidator and the board of directors of the company in liquidation.
The declaration of non-conviction and filiation of the liquidator makes it possible to certify that the liquidator is legally bound to the company in liquidation and that his personal liability during this procedure is limited.
