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1 / to update the situation of French customers through a collection of information
should define the current situation of open and future claims.
We proceed to a careful and diligent control of both the old customers that new customers.
regard to claims of unpaid debts :
Borrowers must be subject to systematic verification of its financial position via the websites listed below .
regard to claims that have not expired:
If you are unable to carry out a systematic monitoring for all customers, we recommend to determine an exposure (eg> to 2,000 €, € 10,000, € 20,000 ...) threshold of responsiveness to control care.
Please note that some of these sites allow to put in automatic monitoring and free French debtors.
IMPORTANT : should be considered with particular attention to an unusual increase in orders that could be caused by a crisis situation. The increase in the stock allows the debtor was forced to deposit the books, to form a very useful war chest to get rid of a personal guarantee and / or face bankruptcy proceedings ("redressement judiciaire" / receivership or "sauvegarde" / Safeguard) open against
2 / inspect the customer: how to use databases
There are two websites database consultation virtually free:
The information to be considered are the following:
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Check the date of incorporation
with companies that consist of less than 3 years, surveillance is advocated acute.
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Capital:
is possible in France set up a limited company (a company representing the majority of French companies) with a capital of less than 1 €.
is clear that these Srl with registered capital so low or disproportionate to the turnover and activity place should not get any credit and then not even no credit.
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check a possible loss of principal
The loss of social capital (net worth is less than half the share capital) shall be established by the shareholders and the report published by the Commercial Court of the debtor.
The term however is much different than the Italian one: in fact, French law provides that the Assembly should decide on the continuation or liquidation of the Company not later than 4 months following the meeting Approval of the accounts of the loss (6 months).
In case of continuation, the share capital must be reconstituted by the end of the second fiscal year following that assembly of a loss.
still inform you that no punishment is provided if the capital is reconstituted, however, any person who has an interest may apply for payment.
This information is published on the records of the company and then appear on the websites.
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Check the publication of annual accounts
The publication of accounts is mandatory for the Company. The lack of publication is sanctioned by a criminal fine of € 1,500 (€ 3,000 and in case of relapse.
It will also provide the opportunity for anyone interested in forcing the company to publish their accounts with a fast-track referee.
Very often the non-publication of the annual accounts hides its critical financial situation.
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Check for registration of secured creditors
Il fisco e le Casse di previdenza sociale per i loro crediti insoluti devono richiedere l’iscrizione del loro privilegio in cancelleria del tribunale competente. Tali iscrizioni sono spesso considerate come la prova di uno stato d’insolvibilità tale da provocare una procedura fallimentare.
Queste informazioni si raccolgano sul sito INFOGREFFE mediante un pagamento simbolico.
Procedure reattive da mettere in moto
1. Confrontati ad una situazione critica del debitore, il creditore dovrà request that he be provided with an explanation. The creditor could possibly take legal action for the condemnation of his debtor to the publication of annual accounts, with an accelerated procedure for referee
2. Depending on the law applicable to contractual relationship, the creditor has the ability to:
or suspend deliveries, supply or production in progress
or stop orders being
Ø rescind the sale in order to regain ownership of his goods
IMPORTANT :
The applicable law establishes the practical arrangements for the suspension or interruption of relations.
IMPORTANT :
French law forbids even a partial disruption of established relationships (with or without contract) without reasonable notice ... This statutory provision, the public policy, it could almost always apply, so you should take the advice of a French lawyer.
3. Should send a formal notice LRAR advance by fax (only one not to discredit the decision to proceed) to order the payment within 8 days for example.
4. Over the period allowed for 8 days and without payment by the customer, we must not waste time and refer to a French legal practice.
5. Please note that the legal procedures in France are short, the sentence is issued in the second procedure take (referee, or A regular procedure) for a few weeks to about four months.
6. Of the precautionary measures permit the seizure of bank accounts of the debtor, the pledging of claims from third parties (sub-customers)
7. Practices Credit recovery is particularly easy for creditors to protect themselves via the application of their General Conditions of Sales and customized to the nature of the clientele. We reiterate, however, that for implementation, the general conditions must be appropriate and consistent with the law applicabile definito
8. Piano di rientro e azione revocatoria: l’azione revocatoria prevista dalla legge fallimentare francese può essere attuata dal curatore fallimentare; è pertanto consigliabile di consultare un legale francese prima di prevedere un piano di rientro.
IMPORTANTE :
La normativa sulla vendita internazionale autorizza il creditore a rifiutare un pagamento dilazionato al suo debitore e proibisce al giudice francese di concedere al debitore tale possibilità senza l’accordo del creditor.
A payment plan can always be agreed provided that the plan is well done and approved by the court. This sentence type is enforceable in the event of an outstanding rate.
Tel +33 478 602 703
Fax +33 478 623 559
Cel +33 685 707 202
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