Any creditor registered on a business may, where article L. 143-11 does not apply, request that it be put up for sale by public auction, offering to pay the principal price, excluding equipment and goods, at one-tenth in addition and to give security for the payment of the prices and charges or to provide evidence of sufficient solvency.
This requisition, signed by the creditor, must, on pain of forfeiture, be served on the purchaser and the debtor who was the previous owner within a fortnight of notification, with a summons to appear before the commercial court for the location of the business, to have a ruling given, in the event of a dispute, on the validity of the higher bid, the admissibility of the surety or the solvency of the higher bidder, and to order that the business be put up for public auction together with the related equipment and goods, and that the higher bidder be required to provide his title and the deed of lease or lease transfer to the appointed public officer. The above two-week period is not subject to increase due to the distance between the domicile declared in their registrations and the actual domicile of the registered creditors.