{"id":2133142,"date":"2026-09-28T01:58:20","date_gmt":"2026-09-27T23:58:20","guid":{"rendered":"https:\/\/kohenavocats.fr\/2026\/09\/28\/foreign-company-france-closed-creditor-reappears-abroad\/"},"modified":"2026-09-28T01:58:20","modified_gmt":"2026-09-27T23:58:20","slug":"foreign-company-france-closed-creditor-reappears-abroad","status":"publish","type":"post","link":"https:\/\/kohenavocats.fr\/en\/2026\/09\/28\/foreign-company-france-closed-creditor-reappears-abroad\/","title":{"rendered":"You Closed Your French Company From Abroad and a Creditor Just Reappeared: Why Radiation Does Not End Claims and How to Respond Without Flying to France"},"content":{"rendered":"

You closed your French SAS (soci\u00e9t\u00e9 par actions simplifi\u00e9e, the flexible joint-stock company most foreign founders choose) from your office in London, New York or Singapore. The liquidator filed the final accounts, the greffe (the clerk’s office of the commercial court that keeps the RCS, the registre du commerce et des soci\u00e9t\u00e9s, the public company register) struck the company off, the Kbis (the official registration certificate that proves a French company exists) now belongs to history, and the BODACC (the Bulletin officiel des annonces civiles et commerciales, the official gazette where dissolutions and closures are published) recorded the end of the story. The file is archived, or so you believe. Then an email arrives from Paris: a former landlord claims several quarters of unpaid rent plus restoration costs for the office you left two years ago, a supplier produces an invoice nobody booked before the closure, the URSSAF (the Unions de recouvrement des cotisations de s\u00e9curit\u00e9 sociale et d’allocations familiales, the agencies that collect French social contributions) sends a final balance, or the tax office announces an additional assessment on the last trading year. Your first reflex is to answer that the company no longer exists. That answer, completely understandable when you live abroad and the register shows a radiation (the striking-off entry), is legally wrong in most cases, and sending it without advice is the fastest way to turn a manageable tail claim into a personal and expensive problem. French law keeps a dissolved company alive for exactly this situation: its legal personality survives while its social rights and obligations are not fully settled, even after radiation from the RCS. A creditor can still sue the company, a court can still hear the case, and someone must still speak for the company. This guide explains what remains alive after your French company was struck off, which late claims you must take seriously, and how to answer them from abroad and close the file a second time, this time for good. It continues our complete setup guide for foreign founders<\/a> and narrows our general closing guide<\/a> to the riskiest moment of all: the months and years after radiation.<\/p>\n

I. Your French Company Was Struck Off but the Creditor Is Still Suing: What Survives Radiation<\/h2>\n

Radiation feels like a death certificate, and for day-to-day business it works like one: no new contracts, no new hires, no bank movements in the company name. But a French company that went through dissolution (the decision that ends its active life and opens liquidation) and liquidation (the phase where the liquidator sells assets, pays creditors and shares out any remainder) does not disappear the way a deleted file disappears. The law gives it a prolonged afterlife limited to one purpose: finishing the settlement of everything born from its business life. Understanding that afterlife is the key to every decision you will make from abroad, because it tells you who can still sue, who must still answer, and what a radiation entry on the RCS actually proves. This first part sets out the rule and then walks through the claims that most often wake up after closure.<\/p>\n

A. Radiation Ends the Listing, Not the Legal Person, While Anything Remains Unsettled<\/h3>\n

The starting point is a short provision of the Commercial Code that every foreign shareholder should read before answering any post-closure letter. Article L237-2 of the Commercial Code<\/a> states: “La soci\u00e9t\u00e9 est en liquidation d\u00e8s l’instant de sa dissolution pour quelque cause que ce soit sauf dans le cas pr\u00e9vu au troisi\u00e8me alin\u00e9a de l’article 1844-5 du code civil.” It continues with the sentence that decides most post-closure disputes: “La personnalit\u00e9 morale de la soci\u00e9t\u00e9 subsiste pour les besoins de la liquidation, jusqu’\u00e0 la cl\u00f4ture de celle-ci.” In plain business English, from the instant of dissolution the company is in liquidation, and its legal personality continues for liquidation purposes until liquidation closes. The same article adds the publicity rule that misleads so many foreign founders: “La dissolution d’une soci\u00e9t\u00e9 ne produit ses effets \u00e0 l’\u00e9gard des tiers qu’\u00e0 compter de la date \u00e0 laquelle elle est publi\u00e9e au registre du commerce et des soci\u00e9t\u00e9s.” Publication protects third parties, but it does not extinguish the company, and radiation even less so. The general civil-law provision says the same thing in slightly different words. Article 1844-8 of the Civil Code<\/a> provides: “La personnalit\u00e9 morale de la soci\u00e9t\u00e9 subsiste pour les besoins de la liquidation jusqu’\u00e0 la publication de la cl\u00f4ture de celle-ci.” Survival lasts until publication of the closing of liquidation, and the same article adds a backstop many founders discover too late: “Si la cl\u00f4ture de la liquidation n’est pas intervenue dans un d\u00e9lai de trois ans \u00e0 compter de la dissolution, le minist\u00e8re public ou tout int\u00e9ress\u00e9 peut saisir le tribunal, qui fait proc\u00e9der \u00e0 la liquidation ou, si celle-ci a \u00e9t\u00e9 commenc\u00e9e, \u00e0 son ach\u00e8vement.” If no closing occurred within three years of dissolution, the court can be asked to finish the job, which means a file you thought dormant can be reopened by a creditor, a former partner or the public prosecutor.<\/p>\n

The Cour de cassation (the French supreme court for civil, commercial and labour matters) applies this survival rule strictly, and two recent published rulings show exactly how it works in practice. In a judgment of 20 September 2023, appeal numbers 21-14.252 and 22-21.718, the commercial chamber dealt with a property company that had acquired a commercial lease in 2007, left the premises in 2016, been dissolved by its members at the end of 2017 and radiated from the RCS in October 2018, while the landlord sued for unpaid rent and restoration costs. The court of appeal had treated the appeal lodged by the company as void, reasoning that a dissolved and radiated company no longer legally existed. The Cour de cassation quashed that reasoning. Cass. com., 20 September 2023, nos 21-14.252 and 22-21.718<\/a> holds, on the basis of Article L237-2, that the legal personality of a dissolved company lasts as long as its social rights and obligations have not been liquidated Legal personality lasts as long as the company’s social rights and obligations are not liquidated, and the court found that an action over a lease showed those rights and obligations might not have been fully settled, so the company survived for liquidation purposes despite radiation. A second ruling confirms the same logic from the insolvency side. Cass. com., 21 April 2022, no 20-10.809<\/a> states that a winding-up order, even though it dissolves the company by operation of law, leaves its legal personality intact for liquidation purposes until publication of the closing judgment. Even a court-ordered winding-up order that dissolves the company by operation of law leaves its personality intact until publication of the closing judgment. For a foreign founder, the practical translation is blunt: never tell a French court, a bailiff or an administration that your radiated company cannot be sued. It can, and the claimant knows it. The only serious questions are whether the claim itself is well founded, whether it was already settled during liquidation, and who is entitled to answer for the surviving company, which is the subject of the second part of this guide.<\/p>\n

Two complements complete the picture and both matter for founders managing from abroad. First, the liquidation phase itself follows your own company documents before it follows default law. Article L237-1 of the Commercial Code<\/a> provides: “Sous r\u00e9serve des dispositions du pr\u00e9sent chapitre, la liquidation des soci\u00e9t\u00e9s est r\u00e9gie par les dispositions contenues dans les statuts.” Your articles of association govern liquidation first, subject to the mandatory chapter, so the powers of your liquidator, the majorities for closing accounts and the destination of any surplus depend partly on drafting choices made at incorporation. When a late claim arrives, your counsel will reread those articles alongside the liquidation minutes, because a claimant may attack the regularity of the closing itself. Second, the popular shortcut used by sole shareholders deserves a warning. Article 1844-5 of the Civil Code<\/a> allows, when all shares end up in one hand, a dissolution that “entra\u00eene la transmission universelle du patrimoine de la soci\u00e9t\u00e9 \u00e0 l’associ\u00e9 unique, sans qu’il y ait lieu \u00e0 liquidation”, a universal transfer of the whole estate to the single shareholder with no liquidation phase. Creditors are protected by an opposition procedure: “Les cr\u00e9anciers peuvent faire opposition \u00e0 la dissolution dans le d\u00e9lai de trente jours \u00e0 compter de la publication de celle-ci.” And the transfer is only effective late: “La transmission du patrimoine n’est r\u00e9alis\u00e9e et il n’y a disparition de la personne morale qu’\u00e0 l’issue du d\u00e9lai d’opposition ou, le cas \u00e9ch\u00e9ant, lorsque l’opposition a \u00e9t\u00e9 rejet\u00e9e en premi\u00e8re instance ou que le remboursement des cr\u00e9ances a \u00e9t\u00e9 effectu\u00e9 ou les garanties constitu\u00e9es.” The assets move and the person disappears only once the thirty-day opposition window has expired or oppositions have been dealt with by rejection, payment or guarantees. Foreign founders should note the final sentence of that article: “Les dispositions du troisi\u00e8me alin\u00e9a ne sont pas applicables aux soci\u00e9t\u00e9s dont l’associ\u00e9 unique est une personne physique.” If you held your SASU (the one-person SAS) directly as an individual rather than through a holding company, that shortcut is unavailable and your closure had to go through ordinary liquidation, with the survival rule described above applying in full.<\/p>\n

B. The Late Claims That Reappear After Closure: Rent, Suppliers, Tax and Former Staff<\/h3>\n

Knowing that the company survives is only half the battle; the other half is recognising which demands deserve immediate action and which documents will decide them. Four families of claims account for nearly every post-radiation letter received by foreign founders, and each follows its own logic. The first is the commercial lease tail. The 2023 ruling described above is typical: a landlord claims rent arrears, service charges and the cost of restoring the premises, sometimes years after the tenant left, and produces the lease, the inventory of fixtures drawn up on departure and a bailiff report on the current state. Because the lease is a social obligation of the company, the claim keeps the company’s personality alive by itself, and arguing that the lease ended before dissolution misses the point: the question is whether every euro born from that lease was settled during liquidation. If the liquidator paid the arrears shown in the books but nobody dealt with a disputed restoration claim, that claim survived radiation intact. The second family is the supplier and service-provider tail: an invoice issued late, a retention-of-title clause invoked on equipment already resold, a disputed balance on a framework agreement. Here the decisive papers are the liquidation inventory, the list of creditors paid and the correspondence showing whether the claim was declared, disputed or simply unknown. A claim that was never declared because the creditor never knew about the liquidation is not extinguished by the closing; it simply arrives late, against a company that still exists for that purpose.<\/p>\n

The third family is the public creditor tail, and it is the least negotiable. Dissolution accelerates taxation rather than cancelling it. Article 221 of the General Tax Code (the CGI, the Code g\u00e9n\u00e9ral des imp\u00f4ts)<\/a> provides that in cases including dissolution, “l’imp\u00f4t sur les soci\u00e9t\u00e9s est \u00e9tabli dans les conditions pr\u00e9vues aux 1 et 3 de l’article 201”, meaning corporate income tax is assessed under the cessation rules of Article 201. Article 201 of the CGI<\/a> in turn states: “Dans le cas de cession ou de cessation, en totalit\u00e9 ou en partie, d’une entreprise industrielle, commerciale, artisanale, mini\u00e8re ou agricole, l’imp\u00f4t sur le revenu d\u00fb en raison des b\u00e9n\u00e9fices r\u00e9alis\u00e9s dans cette entreprise ou exploitation et qui n’ont pas encore \u00e9t\u00e9 impos\u00e9s est imm\u00e9diatement \u00e9tabli”. Profits not yet taxed become immediately assessable when the business stops, and the same logic runs through VAT (the TVA, taxe sur la valeur ajout\u00e9e) regularisation, the final DSN (the d\u00e9claration sociale nominative, the monthly electronic payroll and contributions return) and any balance owed to URSSAF. A founder who closed the company and cancelled the accountant’s retainer sometimes discovers eighteen months later that a final return was never filed or that the administration reassessed the last year. Those assessments are directed at the surviving company, must be challenged within the standard administrative deadlines, and cannot be answered with a radiation notice. The fourth family is the former-staff tail. Article L1234-9 of the Labour Code<\/a> provides: “Le salari\u00e9 titulaire d’un contrat de travail \u00e0 dur\u00e9e ind\u00e9termin\u00e9e, licenci\u00e9 alors qu’il compte 8 mois d’anciennet\u00e9 ininterrompus au service du m\u00eame employeur, a droit, sauf en cas de faute grave, \u00e0 une indemnit\u00e9 de licenciement.” An employee dismissed when the business closed, with at least eight months of continuous service, kept a statutory severance right, and payslips, the employment contract and the dismissal letter remain challengeable before the labour court long after radiation. Overtime back-pay, accrued holiday indemnities and disputes over the employment certificate follow the same path. Finally, founders should be aware of a trap they sometimes set for themselves during liquidation: buying back company assets at a friendly price. Article L237-6 of the Commercial Code<\/a> states: “Sauf consentement unanime des associ\u00e9s, la cession de tout ou partie de l’actif de la soci\u00e9t\u00e9 en liquidation \u00e0 une personne ayant eu dans cette soci\u00e9t\u00e9 la qualit\u00e9 d’associ\u00e9 en nom, de commandit\u00e9, de g\u00e9rant, d’administrateur, de directeur g\u00e9n\u00e9ral, de membre du conseil de surveillance, de membre du directoire, de commissaire aux comptes ou de contr\u00f4leur, ne peut avoir lieu qu’avec l’autorisation du tribunal de commerce, le liquidateur et, s’il en existe, le commissaire aux comptes ou le contr\u00f4leur d\u00fbment entendus.” Selling liquidation assets to a former director, manager or statutory auditor without unanimous consent requires the commercial court’s authorisation. Article L237-7 of the Commercial Code<\/a> goes further for the liquidator’s circle: “La cession de tout ou partie de l’actif de la soci\u00e9t\u00e9 en liquidation au liquidateur ou \u00e0 ses employ\u00e9s ou \u00e0 leurs conjoint, ascendants ou descendants est interdite.” Any transfer to the liquidator, the liquidator’s staff or their close family is prohibited outright. A creditor who discovers after radiation that the Paris lease right, the client list or the equipment went to the founder for a symbolic euro can attack that transfer, and the attack lands on the surviving company first, then potentially on the recipient personally.<\/p>\n

II. Answer the Late Claim From Abroad Without Reopening Everything: Appoint, Verify, Settle<\/h2>\n

A late claim is a procedural emergency disguised as correspondence. French proceedings run on short deadlines counted from service, and a letter left unanswered for two months because it arrived at a former registered office while you live in another time zone can become an enforceable judgment before you even instruct counsel. The good news is that none of the required steps demands your physical presence in France: representation, court applications for a company representative, settlement and even a second closing can all be handled through a French lawyer holding a written mandate, with you signing, funding and deciding from abroad. This second part gives the sequence in the order your counsel will follow: first give the surviving company a voice and freeze the deadlines, then deal with the substance and record an ending that holds.<\/p>\n

A. Give the Surviving Company a Voice Again and Protect Your Deadlines From Abroad<\/h3>\n

The first task is identifying who can lawfully speak for a company that no longer has offices, and the answer depends on where your liquidation stopped. If a liquidator was appointed and never formally discharged, that liquidator in principle still represents the company for liquidation purposes and can receive service, appoint counsel and settle. In practice, two years after radiation, the liquidator may be unreachable, unwilling or discharged by a closing resolution whose validity the claimant now disputes. That is exactly the configuration of the 2023 case: the radiated property company appeared before the courts appeared through an ad hoc agent appointed to speak for it. When nobody is available to represent the surviving company, your lawyer applies to the court for the appointment of such an ad hoc agent, who receives the claim, instructs counsel and carries the company’s voice through the proceedings. Foreign founders sometimes ask whether they can simply appoint themselves or sign directly as former president. Resist that shortcut: anything you sign in the company name without proper authority can be challenged, and anything the claimant serves on the wrong person restarts the dispute about validity instead of addressing the substance. A court-appointed representative closes that debate at once and gives every later step, from settlement to payment, a signature nobody can contest.<\/p>\n

The second task runs in parallel and tolerates no delay: securing the deadlines. From the day a summons, a formal notice or an administrative assessment reaches any address linked to the company, time starts running for whoever represents it, and French courts show little indulgence to defendants who explain that the director lives in Singapore and only learned about the letter weeks later. Act the same day you learn about the document: forward it to your French counsel with its envelope, its date of receipt and every prior letter from the same sender, mandate the lawyer in writing to receive service on the company’s behalf going forward, and ask for an immediate check of three points, namely whether service was validly made on the surviving company, which court or body is seized and what the first date to act is, and whether any protective measure such as a provisional seizure or a payment order with enforceability requires an emergency application. If the closing meeting of your liquidation was itself irregular, for example because distant shareholders never received the convening notice, the claimant may try to reopen the whole closing rather than simply claim a debt. The law anticipates deadlocked endings: Article L237-9 of the Commercial Code<\/a> requires that “Les associ\u00e9s, y compris les titulaires d’actions \u00e0 dividende prioritaire sans droit de vote, sont convoqu\u00e9s en fin de liquidation pour statuer sur le compte d\u00e9finitif, sur le quitus de la gestion du liquidateur et la d\u00e9charge de son mandat et pour constater la cl\u00f4ture de la liquidation.” The members must be convened at the end of liquidation to vote on the final accounts, the liquidator’s discharge and the formal closing. Article L237-10 of the Commercial Code<\/a> adds the safety valve: “Si l’assembl\u00e9e de cl\u00f4ture pr\u00e9vue \u00e0 l’article L. 237-9 ne peut d\u00e9lib\u00e9rer ou si elle refuse d’approuver les comptes du liquidateur, il est statu\u00e9, par d\u00e9cision de justice, \u00e0 la demande de celui-ci ou de tout int\u00e9ress\u00e9.” If the closing meeting cannot decide or refuses the accounts, the court decides on the application of the liquidator or any interested party. Your counsel will therefore examine whether your original closing is attackable and, if it is fragile, may prefer to regularise it through the court before the claimant weaponises the defect. Keep one practical habit throughout: every document travels by a traceable channel, every mandate is written, dated and limited to the file, and every payment waits for written settlement terms. Distance is manageable; informality is not.<\/p>\n

B. Pay, Fight or Settle the Claim, Then Record a Closure That Holds<\/h3>\n

Once the company has a representative and the deadlines are secured, the substance can be addressed with a cool head, and three outcomes cover almost every file: the claim is unfounded or already settled and must be defeated with papers, the claim is partly founded and a negotiated settlement with a full release is cheaper than a judgment, or the claim is due and prompt payment with a receipt closes the matter fastest. Start with verification, because late claims are frequently inflated. Ask your counsel to test the demand against four questions. Was the debt already paid or included in the liquidation distributions, with the ledger, the bank records and the liquidator’s report to prove it. Is the amount correct, with the claimant’s own invoices, the lease indexation clauses, the deposit deducted and any payments made since. Is the person claiming actually the creditor, with an assignment, an inheritance or a merger properly documented rather than merely asserted. And is the claim still enforceable, with the full history of interruptions and acknowledgments rather than a bare allegation. The 2023 lease case illustrates the method: the dispute turned on whether the obligations born from the lease had been fully liquidated, a question of evidence about rent, charges and restoration, not a question about the radiation entry. If the verification shows the claim was already settled during liquidation, the response is a documented refusal attaching the proof, served formally, so that any judge sees a company that answered rather than a debtor that hid. If the verification shows a genuine remainder, compare the principal with the cost of three years of proceedings, translation, travel for witnesses and the risk of contributory penalties, and in most tail files a settlement with a general release, a payment schedule and a clause confirming that the claimant sought nothing further from the company, its former directors or its shareholders closes the risk at a fraction of the litigated cost.<\/p>\n

Whatever outcome you reach, record it so thoroughly that no second creditor can reopen the same file. A settlement is only as good as its drafting: it must identify the surviving company through its representative, describe the claim and the proceedings it ends, state the amount, the payer, the date and the method of payment, include a reciprocal release covering the company and, expressly, its former legal representatives and shareholders acting in that capacity, and organise the withdrawal or discontinuance of any pending case with costs allocated. Payment follows the signature, never precedes it, and each transfer carries a reference to the settlement. Then address the tax and social tail in the same movement: confirm with your accountant that the final corporate tax return, the VAT regularisation, the last DSN and the URSSAF balance are filed and paid, because a private settlement with a landlord does not stop the administration from issuing its own assessment on the same closed years, and the CGI provisions quoted above give those assessments a direct path to the surviving company. If your original liquidation had distributed a surplus to shareholders while a known debt remained unpaid, consider that the distribution itself may be challenged, and discuss with counsel whether a voluntary top-up payment now is cheaper than defending a personal action later. Where the closing meeting never properly approved the final accounts, use the court route of Article L237-10 to obtain a judicial closing decision that no late claimant can easily attack. Finally, archive everything in one file kept for the long term: the dissolution and closing minutes, the BODACC publications, the liquidator’s reports, the final accounts, the tax and URSSAF receipts, the settlement with its proof of payment, and the court decision appointing the ad hoc agent or approving the accounts. A founder living abroad cannot walk into a Paris office to retrieve a missing page five years later, so the file must be complete, indexed and accessible to any counsel you instruct in the future. The second closure you record is not a new radiation entry; it is a bundle of releases, receipts and judgments that leaves a future claimant with nothing to bite on.<\/p>\n

Conclusion<\/h2>\n

A radiation entry on the RCS never meant that your French company had vanished, and the two published rulings quoted in this guide explain why. Article L237-2 of the Commercial Code<\/a> keeps the legal person alive “jusqu’\u00e0 la cl\u00f4ture de celle-ci”, Article 1844-8 of the Civil Code<\/a> until “la publication de la cl\u00f4ture de celle-ci”, and the commercial chamber held in September 2023 that personality lasts as long as the social rights and obligations have not been liquidated, a rule confirmed for court-ordered windings-up in April 2022, where dissolution leaves legal personality intact for liquidation purposes until publication of the closing judgment. Your articles govern the liquidation first under Article L237-1<\/a>, your closing required a convened vote on the final accounts and discharge under Article L237-9<\/a> with a judicial fallback under Article L237-10<\/a>, asset sales to insiders needed court approval under Article L237-6<\/a> and sales to the liquidator’s circle were prohibited under Article L237-7<\/a>, dissolution accelerated corporate tax under Article 221 of the CGI<\/a> through Article 201 of the CGI<\/a>, dismissed staff kept severance rights after eight months under Article L1234-9 of the Labour Code<\/a>, and a sole-shareholder shortcut through universal transfer under Article 1844-5 of the Civil Code<\/a> only works with a thirty-day creditor opposition window and never for an individual sole shareholder. The method from abroad follows five moves: never answer that the company does not exist, give the surviving company a court-backed voice through the liquidator or an ad hoc agent, freeze every deadline the day you learn about the document, verify the debt against liquidation papers before paying a euro, and record the outcome in releases, receipts and published decisions kept in one permanent file. A late claim handled this way costs a settlement and a counsel fee; ignored, it becomes a default judgment, then an enforcement attempt against assets or persons abroad, then a far larger file than the original invoice ever justified. Pull out the closure bundle this week, check that the final accounts, the tax receipts and the liquidator’s discharge are actually in it, and have any letter received since radiation reviewed before the next deadline runs.<\/p>\n

Need a quick opinion on your case<\/h2>\n

You closed your French company from abroad and a landlord, supplier, administration or former employee just reappeared with a demand. The firm offers a phone consultation: 80 EUR including VAT, within 48 hours with a lawyer of the firm. Call +33 6 46 60 58 22<\/a> \u2014 Ma\u00eetre Reda Kohen. Send the demand letter, your dissolution and closing minutes and the last filed accounts through our contact page<\/a> before the call so the advice is concrete.<\/p>\n","protected":false},"excerpt":{"rendered":"

Radiation does not kill pending claims against your French company. 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