Your company is the subject of a collective proceeding.
You wonder about the effects of such a procedure on the commercial lease.
Does it result in the termination of the lease?
The opening of collective proceedings (safeguard, reorganization or liquidation) does not automatically entail the termination of the lease. The parties can nevertheless make provision for its renewal.
If the receiver (or liquidator) appointed by the commercial court does not terminate the lease, the lessor may request the termination of the lease in court.
However, his request will not be able to concern the arrears of rents and charges prior to the opening of the collective proceedings.
He may request termination only for claims arising subsequently, after compliance with a period of at least three months following this judgment.
During the observation period, the lessor will not be able to invoke the lack of exploitation to continue the termination of the lease.
The lessor may also ask the insolvency administrator (or the liquidator) to take a position on the continuation of the lease. If the latter does not have the necessary funds to pay the rents, it must in principle terminate it.
Claims arising prior to the judgment opening the collective proceedings must be the subject of a declaration of claims within two months of the publication of the announcement of the said proceedings in the BODACC. Failing this, the lessor will lose the possibility of having them paid for.
There is also the question of the security deposit: can the lessor compensate the security deposit that was given to him at the time of the conclusion of the lease with the receivables born earlier?
Gouache offers support to avoid the many traps?
With you, taking into account your particular concerns, we set up a “roadmap”.
To address and limit the negative aspects of a collective proceeding, Gouache uses a methodology that includes standardized documents and steps.
