▷ What happens when you don't post a mandatory legal advertisement? 2020 -

In recent years, more and more people are embarking on the creation of small businesses to supplement their income with an ancillary activity, or simply to live at their own pace with a chosen activity. But as we know, it is often more difficult for a lonely entrepreneur to be square on all administrative tasks and legal formalities. And sometimes, it can happen to miss a deadline or to forget something, like the publication of a legal notice however obligatory …

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Training & Co'm

Are all legal notices mandatory?

The rule is that all commercial or civil companies have obligations to publish their legal acts via a legal advertisement published in an authorized newspaper (usually called a legal advertisement newspaper or JAL). The legislator did not impose this rule by chance during the implementation of the law of January 4, 1955: it is to allow third parties possibly interested in the life of the company to know what are the events that she suffers. We can give the example of legal announcements for the liquidation of a company, which will be done in two stages, thus allowing possible creditors to turn against the company before the liquidation is effective.

Note that this obligation for companies exists for the same reason for individuals in the context of certain life events, such as during a marriage with the publication of banns that allow people with reasons to oppose a marriage to be able to do so (the rule is old, and was originally intended to avoid consanguineous marriages).

I forgot to publish, what am I risking?

First of all, if you forgot to publish, a priori you will know it quickly enough, because without a certificate communicated by a newspaper of legal announcements the administrative procedure stops. The changes occurring in your company will not then be activated by your center of business formalities (CFE), or your tax center or any other institution requesting proof of publication. It will therefore not be too late to regularize the situation by publishing quickly.

If the absence of publication is never seen by anyone, the company is exposed to a certain number of problems, which range from painful (because the nullity of the legal act can be pronounced and it will therefore be necessary to redo everything) to very annoying when, for example, a liquidation has not been made effective via publication, a creditor will come to claim the reimbursement of a debt when the liquidation has already been technically completed.

Finally, in the event of an error in a legal advertisement, it is often quite tempting to “act as if nothing had happened”, this is behavior to be avoided, because an incorrect advertisement exposes the company to the same problems as an unpublished ad.

To avoid many problems, it is ultimately much simpler to be assisted by professionals, who are numerous in this field, from chartered accountants and formalists, via specialized lawyers, even the legal announcements newspapers which Often provide support services themselves.

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