An accelerated safeguard procedure is hereby instituted, subject to the rules of this title and the provisions of this chapter. The provisions of III and IV of Article L. 622-13 and those of Sections 3 and 4 of Chapter IV shall not apply to it.
The accelerated safeguard procedure is opened at the request of a debtor involved in a conciliation procedure who can prove that he has drawn up a draft plan designed to ensure the company’s continued existence. This draft plan must be likely to receive sufficiently broad support from the affected parties in respect of whom the opening of the procedure will have an effect to make its adoption likely within the period provided for in the first paragraph of Article L. 628-8.
Without prejudice to Article L. 628-8, the accelerated safeguard procedure may be opened at the request of a debtor engaged in conciliation proceedings who can demonstrate that he has drawn up a draft plan designed to ensure the continued existence of the business.
Without prejudice to Article L. 628-6, where the debtor’s accounts show that the nature of the indebtedness makes it likely that a plan will be adopted only by creditors who are finance companies, credit institutions and the like, as defined by decree in the Conseil d’Etat, as well as by all holders of a claim acquired from them or from a supplier of goods or services and, where applicable, bondholders, the debtor may request the opening of safeguard proceedings, the effects of which are limited to these creditors.
The procedure may only be opened in respect of a debtor whose accounts have been certified by a statutory auditor or drawn up by a chartered accountant.
The fact that the debtor is in a state of receivership does not mean that the procedure cannot be opened in respect of the debtor.
The fact that the debtor is in cessation of payments is not an obstacle to the opening of the accelerated safeguard procedure if this situation does not precede for more than forty-five days the date of the request to open the prior conciliation procedure.