The plan designates the persons required to implement it and mentions all the commitments made by them that are necessary to safeguard the business. It mentions separately the cash contributions of the persons who have undertaken to make them in order to implement the safeguard plan approved by the court. These commitments relate to the future of the business, the arrangements for maintaining and financing the business, the settlement of the liabilities subject to declaration and, where applicable, the guarantees provided to ensure their performance.
Where the commitments for the settlement of liabilities can be established on the basis of a certificate from the chartered accountant or statutory auditor, they relate to claims that have been declared admitted or not contested, as well as identifiable claims, in particular those for which the declaration period has not expired.
The plan sets out and justifies the level and prospects of employment as well as the social conditions envisaged for the continuation of the business.
The persons who will implement the plan, even as partners, may not have burdens imposed on them other than the commitments they entered into during its preparation, subject to the provisions set out in Article L. 626-3.
Debts arising from the cash contributions referred to in the first paragraph benefit from the preferential right provided for in 2° of III of Article L. 622-17. This provision does not apply to contributions made by the debtor’s shareholders and associates as part of a capital increase. It may not benefit, directly or indirectly, creditors in respect of their contributions prior to the opening of the proceedings.