In the majority of situations, the decision to close a company comes back to associates or to the sole shareholder. However, in some cases, this decision is beyond their control. She returns to courts, that is to say, to judges. This is usually the commercial court. Foundation-company-ricard presents you with a file answering the question: who holds the power de end a company ?
In most cases, it is associates de decide de end their business. For this, they have different solutions.
First of all, they define in the statutes the conditions de fenced of their society. They can therefore determine that a event individual will complete their association. Moreover, they establish the longer term, of the company in an appropriate clause. As it approaches, they must meet to decide on the future of the company. They can choose to extend the date or, on the contrary, to dissolve. There are various other causes of dissolution: impairment or extinction of thesocial object, non-correction of losses important or a state of sleep...
Finally, associates may close their company before the term set in the articles of association. To do this, they must pronounce his early voluntary dissolution. This procedure can only be carried out if the company is able to pay all its debts. In other words, it must not be in a state of insolvency. If this is the case, amicable dissolution is excluded and the company must go through the legal process to request the opening of proceedings. Collective (judicial liquidation and not amicable).
Sometimes courts make a decision that may result in the dissolution of a company. However, this is a very rare case.
Indeed, judges can dissolve a company when the circumstances exhaustively enumerated by law are met: illicit corporate purpose, defect in the consent of a partner, etc.
On the other hand, the courts can pronounce a forced dissolution when a "just reason" makes this closure inevitable. Thus, a disagreement between partners which paralyzes the operation of the company or the non-performance of the commitments of a partner can be considered as reasons justifying this dissolution.
Finally, when society is in a state of cessation of payments and that his situation seems to be irremediably compromised and his recovery impossible, the judges can launch a collective procedure which will lead to his judicial liquidation.
Other resources on corporate dissolution:
