Preferential creditors may exercise their right directly with the Centre national du cinéma et de l’image animée. However, this action must be taken no later than eight months after the issue of the cinematographic licence for the work that gave rise to the claim.
Once this period has elapsed, the Centre national du cinéma et de l’image animée will draw up a list of preferential claims and, in the absence of any dispute within two months as to their existence, liquidity or due date, will proceed to pay them according to the order of preference mentioned in article L. 312-2. In the event of a dispute, the direct payment procedure is suspended, in whole or in part, until the dispute is finally settled.
The rights of preferential creditors are exercised subsidiarily on the sums mentioned in article L. 312-1 to which their debtor may claim in respect of other works produced or co-produced by him, subject to the rights of the creditors of each of these works and insofar as they themselves hold the preferential right resulting from this article.
Preferential creditors who are creditors of only one or more production companies in respect of a long-term co-produced cinematographic work may exercise their right over all the sums referred to in Article L. 312-1 to which the co-producing companies may claim in respect of the work that gave rise to the claim.
Holders of shares in production companies may not claim a preferential right over the sums due to these companies under this article.
The rights of preferential creditors may, by subrogation, be exercised by a credit institution or finance company when it has been asked to pay, on behalf of the production company, all or part of the receivables due listed in the production items mentioned in Article L. 312-2.