Étiquette : debt

Debt and cash management agreement: no automatic transfer of debt between affiliated companies

Le par Olivier VIBERTdans Banking, Corporate - Company, EnglishLaisser un commentaire

Cass. com., 12 March 2025, No. 23-23.961 In a ruling dated 12 March 2025, the commercial chamber of the Court of Cassation reiterated that the implementation of a centralised cash pooling agreement, even between companies in the same group, does not in itself allow the transfer of debt from one company to another, unless expressly …

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Paulian action in the event of fraudulent transfer of a business

Le par Olivier VIBERTdans contract / commercial, Corporate - Company, English, International1 commentaire

Cour de cassation, com, 29 January 2025, no. 23-20.836 The paulian action can be implemented when an easily seizable asset is replaced by a sum of money that is easier to conceal. This decision is a reminder that the paulian action is not conditional on proof of the debtor's apparent insolvency. Background and facts The …

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