On 30 November 2023, Ministerial regulation of 29 November 2023 amending the Ministerial Regulation of 27 May 2016 laying down the criteria for the presentation and form of documents intended for publication in the Electronic Register of Companies and Associations (“ERCA”) and for filing with the Trade and Companies Register (“TCR”) (the “Ministerial Regulation”) has been published.
In accordance with the new law of 7 August 2023 on the preservation of companies and the modernisation of bankruptcy law (the “Law”), the purpose of the Ministerial Regulation is to add to the list of documents that must be published in the ERCA and filed with the TCR extracts of the decisions referred to in Articles 21, 22, 23 and 24 of the Law, notably including the following decisions :
- the decision to close the judicial reorganisation proceedings (procedure de réorganisation judiciaire);
- the judgment ordering the total or partial discharge of the bankrupt's debts;
- the judgment granting the request of a natural person, who had provided personal security for the bankrupt person free of charge, to be discharged of all or part of his obligation.
The Ministerial Regulation entered into force on 30 November 2023.
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