Notwithstanding the provisions of article L. 631-1 of the French Commercial Code, credit institutions or finance companies that are unable to ensure their payments, immediately or in the near future, are declared to be in suspension of payments. Notwithstanding the same provisions, a central body referred to in article L. 511-30 or one of its affiliates is declared to be in suspension of payments if, after implementation of the measures referred to in article L. 511-31, the central body and all of its affiliates are also in suspension of payments.
By way of derogation from the provisions of articles L. 632-1 and L. 632-2 of the French Commercial Code, acts performed by the central body from the date of cessation of payments within the scope of its duties under article L. 511-31 may not be annulled.
Court-ordered liquidation proceedings may be initiated against credit institutions or finance companies that have been struck off the register or banned from trading altogether, as the case may be, by the Autorité de contrôle prudentiel et de résolution, and whose liabilities to third parties, with the exception of debts that are repayable only after unsecured creditors have been paid in full, are in fact greater than their assets less provisions to be set aside.