It may be the commercial court that inflicts a sanction to a company, not this one. It's called a ex officio striking off. Even if it is removed from the trade and companies register, it remains legally existing in the eyes of third parties. Foundation-company-ricard looked into this subject and produced a complete file on this subject.
What is automatic deregistration?
All traders must register on the trade and companies register (RCS). They must also report all changes (name, address, activity, capital, directors, etc.).
In certain circumstances, a organisme authorized person can proceed, by himself, to the retired by Company du register. The company is not at the origin of this request for automatic radiation.
Who can cancel a business?
Le the Commercial Court has the power to suppress a company. The clerk is responsible for updating the trade and companies register. A judge is then responsible for supervising this index. It is therefore up to him to make the decision to delete a company.
However, it only cancels a company in limited circumstances defined by law. Typically, this follows corporate inaction: it has not did not follow legal procedures or she has not remedy a situation within a specific deadline.
What is the procedure for deregistration from the commercial register?
Several reasons can lead to the suppression a company in the trade and companies register (RCS). We will limit ourselves here to the most common cases.
La radiation of a RCS company may be pronounced when:
- La dissolution of society is not declared at the registry within the prescribed time,
- La liquidation period exceeds three years and the company does not ask for carry-over,
- The Registry sends a correspondence to society, which do not arrive at destination (NPAI),
- The company is declared bankrupt or dissolved following a judicial liquidation for lack of assets,
- The society, put to sleep, no don't regularize its status after two years,
- Le domicile of the legal representative is used as seat social by society more than five years.
The clerk of the commercial court must, above all, to alert the company by registered letter with acknowledgment of receipt.
In addition, if the company moves its registered office within the jurisdiction of another registry, the clerk of the former registered office removed automatically the company upon receipt of the notification of the new registry.
What are the consequences of removing a company from the Trade and Companies Register?
La expulsion from an organization of the Trade and Companies Register (RCS) does not mean its disappearance. Indeed, such a measure could prejudice the rights of the company's creditors. This operation is more like a sanction administrative.
Removal from the RCS does not have the same impact as a fenced. It cannot be opposed to third parties. This means that the company retains its legal personality until it is dissolved and liquidated.
Is there a possibility of contesting an ex officio cancellation?
There are two reasons which can justify the dispute of an ex officio expulsion:
- The write-off was made on the basis of false information,
- Le status at the origin of the radiation has been corrected by a update.
In any case, the company must provide a delisting report request to the clerk. In the event of refusal or absence of response within 15 days, the company may refer the matter to the supervisory judge of the trade and companies register.
If the cancellation dates back more than 6 months, the company must carry out a new registration, then, if necessary, it must carry out the dissolution and liquidation proceedings.
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Read also on the subject of radiation:
- Steps to deregister a company
- Cost of closing a company
- Tips for closing a company cheaply
- Destiny of a society without activity
What is the difference between automatic expulsion and dismissal?
Reply :
Ex officio expulsion is the removal of an employee from the register of employees without the intervention of a court or an administrative body. This generally occurs when an employee does not follow company rules, does not show up for work or does not fulfill his obligations. Dismissal, on the other hand, is a decision taken by the employer to terminate the employment contract for reasons such as lack of performance or lack of competence.
What is the procedure for carrying out an ex officio deregistration?
Reply :
The procedure to follow to carry out an ex officio deregistration depends on the legislation in force in the country or region in which the company is located. Employers must respect the laws and regulations that govern compulsory dismissal and striking off. In general, employers must send a written notice to the employee, informing them of their decision and giving them time to respond. Once the employee has had a chance to defend themselves, the employer can make the final decision on disbarment.
Are there any legal consequences for an employer who carries out an ex officio expulsion?
Reply :
Yes, there are legal consequences for an employer who performs an ex officio deregistration. Consequences can include fines and legal action, and the employer may also face liability claims. Therefore, it is important that employers know and follow the laws and regulations that govern compulsory dismissal and dismissal.
