Where there is a serious possibility that the company can be safeguarded, the court will draw up a plan to this end, which will put an end to the observation period.
The safeguard plan includes, where appropriate, the cessation, addition or transfer of one or more activities.
Transfers made pursuant to this article are subject to the provisions of Section 1 of Chapter II of Title IV and to those of article L. 642-22. However, the mandataire judiciaire carries out the tasks entrusted to the liquidator. In addition, the court may, in a specially reasoned judgment, after obtaining the opinion of the public prosecutor and requesting that of the auditors, derogate from the prohibitions provided for in the first paragraph of article L. 642-3 and authorise the transfer to one of the persons mentioned in this paragraph, with the exception of the auditors and the debtor in respect of any of its assets.
Where a plan to safeguard employment must be drawn up, the provisions of III of article L. 1233-58 of the Labour Code.
The pre-emptive rights instituted by the Rural and Maritime Fishing Code or the Town Planning Code may not be exercised on a property included in a transfer of one or more activities decided upon pursuant to this article.