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  3. Law: Contract(s)

mis en liquidation judiciaire par ordonnance

English translation: compulsory liquidation order

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:mis en liquidation judiciaire par ordonnance
English translation:compulsory liquidation order
Entered by: Sarah Bessioud

08:24 Jun 1, 2012
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Bankruptcy/insolvency
French term or phrase: mis en liquidation judiciaire par ordonnance
This is part of a contract relating to the termination of a supply agreement.

...si le Maître de l’ouvrage est une société, s’il est mis en liquidation judiciaire par ordonnance (autre que liquidation volontaire pour cause de fusion ou de restructuration),...

I'm not certain here and would appreciate any clarification.
Sarah Bessioud
Germany
Local time: 12:07
court-ordered liquidation
Explanation:
www.howtolaw.co.nz/html/ml066.asp

www.business.govt.nz/companies/learn-about/...liquidation.....

--------------------------------------------------
Note added at 46 mins (2012-06-01 09:11:02 GMT)
--------------------------------------------------

or

compulsory wind up/liquidation order
www.realbusinessrecovery.co.uk/compulsory-winding-up/
www.bis.gov.uk/insolvency/Companies/company-liquidation
Selected response from:

mimi 254
Local time: 11:07
Grading comment
Thanks for your help!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +5court-ordered liquidation
mimi 254
5 +1is wound-up by decision of court
jeannoz
3 -1bankruptcy by judicial ruling/judiciary ruling
Gad Kohenov
Summary of reference entries provided
An explanation in English
writeaway

  

Answers


32 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
bankruptcy by judicial ruling/judiciary ruling


Explanation:
My suggestion.

Gad Kohenov
Israel
Local time: 13:07
Specializes in field
Native speaker of: Native in FrenchFrench, Native in HebrewHebrew
PRO pts in category: 29

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: how can a court order bankruptcy???
2 hrs
  -> closure is the answer
disagree  AllegroTrans: bankruptcy relates to individuals, this is about a company
2 days 12 mins
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41 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
court-ordered liquidation


Explanation:
www.howtolaw.co.nz/html/ml066.asp

www.business.govt.nz/companies/learn-about/...liquidation.....

--------------------------------------------------
Note added at 46 mins (2012-06-01 09:11:02 GMT)
--------------------------------------------------

or

compulsory wind up/liquidation order
www.realbusinessrecovery.co.uk/compulsory-winding-up/
www.bis.gov.uk/insolvency/Companies/company-liquidation

mimi 254
Local time: 11:07
Works in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 78
Grading comment
Thanks for your help!

Peer comments on this answer (and responses from the answerer)
agree  S Kelly: I'd prefer "compulsory liquidation order"
57 mins
  -> Thanks!
agree  writeaway
2 hrs
  -> Thanks!
agree  David Salas
3 hrs
  -> Merci!
agree  B D Finch
4 hrs
  -> Thanks!
agree  AllegroTrans
2 days 4 mins
  -> Thanks!
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
is wound-up by decision of court


Explanation:
OR if a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction)
See the links below for the exact same whole sentence:
- ENGLISH See below §42.2.1 p.158 http://www.jurisint.org/doc/orig/con/en/2001/2001jiconen60/2...
- FRENCH See below §42.2.1 p.194 of this document http://www.jurisint.org/doc/orig/con/fr/2001/2001jiconfr71/2...

jeannoz
Australia
Local time: 20:07
Specializes in field
Native speaker of: Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
agree  Bertrand Leduc
36 mins
neutral  writeaway: ok with is wound up (a synonym for liquidate) but don't agree with decision
46 mins
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Reference comments


2 hrs
Reference: An explanation in English

Reference information:
Differences between voluntary liquidation and Court ordered liquidation
Voluntary liquidation

Shareholders may place their company into voluntary liquidation.

This involves the shareholder(s) passing a special resolution appointing a liquidator to wind up the company’s affairs. A liquidator is usually a chartered accountant who has experience in the investigation of a company’s financial affairs and the sale of company assets and interests for the benefit of company creditors.

The Official Assignee cannot be appointed liquidator in cases of voluntary liquidation unless the shareholder is bankrupt and the Official Assignee is passing a special resolution as part of the bankruptcy administration.


Court-ordered liquidation

Creditors may take the step of applying to the High Court to place a company into liquidation. The Court will make a determination based on submissions made by the creditor and the company about non-payment of debts. If the company is not in a position to pay the debt or enter into an arrangement to pay, the Court may place the company into liquidation.

The Court can either appoint a private liquidator (such as a suitably qualified chartered accountant) selected by the creditor or the Official Assignee as liquidator.
http://www.business.govt.nz/companies/learn-about/receiversh...

writeaway
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 375
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