Keeping of the RCS, removal from the SIRENE directory and the RSEIRL

New provisions, provided for by decree no. 2015-417 of April 14, 2015, relating to the keeping and removal from the various registers, are applicable from July 1 ^, 2015.

Provisions relating to the Trade and Companies Register (RCS)

The first two amendments relate to the (RCS) and more particularly to the dissolution of companies. Indeed, under the terms of the new article R. 123-75 of the Commercial Code, in the event of the dissolution of a company entailing the universal transmission of its assets to the sole shareholder who is not a natural person, the court clerk may issue the certificate of non-opposition at the end of the period of thirty days from the publication of the dissolution and no longer within the period of one month from the completion of the transfer of the assets. The court clerk also has the option of registering ex officio the dissolution of a company by the occurrence of the statutory term, except in the event of extension (Art. R. 123-124 of the Commercial Code).

Changes to the national register of businesses and their establishments (SIRENE)

The National Institute of Statistics and Economic Studies (INSEE) is granted the possibility of deleting a person from the SIRENE directory in the event of deregistration from the social system for the self-employed (Art. R. 123-227 of the Commercial Code). The decree specifies that the removal from the SIRENE directory can only take place after removal of traders, natural or legal persons, subject to registration with the RCS, commercial agents, natural or legal persons, subject to registration in the special register of commercial agents and entrepreneurs registered in the register of individual entrepreneurs with limited liability (EIRL) (Art. R. 123-228 of the Commercial Code). In the event of multiple registrations, deletion from the SIRENE directory is subject to deletion from all registers (Art. R.123-230 of the Commercial Code).

Mentions made in the special register of EIRLs

From now on, in the absence of a request for cancellation by the contractor, in the event of total cessation of its activity, the judge responsible for monitoring the RCS can issue an order enjoining the person concerned to proceed with his cancellation.

Registration of the national file of prohibitions to manage

Finally, as of January 1 ^, 2016, in the absence of registration of the natural person or the legal person of which he was the de jure or de facto leader, personal bankruptcies, measures prohibiting the directing, management, to administer or control, must be entered in the file of prohibitions to manage by the clerk of the commercial court, in whose jurisdiction these measures were pronounced, as soon as the decision is no longer subject to any suspensive appeal. 'execution.