Articles L. 622-3 to L. 622-9, with the exception of article L. 622-6-1, and L. 622-13 to L. 622-33are applicable to the receivership proceedings, subject to the following provisions.
An appraisal of the debtor’s assets shall be carried out at the same time as the inventory provided for in Article L. 622-6.
When the administrator has a mission of representation, he exercises the prerogatives conferred on the debtor by II of Article L. 622-7 and by the third paragraph of Article L. 622-8. In the event of an assistance assignment, he shall exercise these powers concurrently with the debtor.
When the option provided for in II of Article L. 622-13 is exercised and the service relates to the payment of a sum of money, this must be made in cash, unless the administrator obtains the acceptance of payment deadlines by the debtor’s co-contractor. In the light of the forecast documents available to him, the administrator shall ensure, at the time he requests performance, that he will have the necessary funds for this purpose.
Where the receivership proceedings have been opened pursuant to the third paragraph of Article L. 626-27 and the debtor has transferred assets or rights into a fiduciary estate prior to the opening of the sauvegarde proceedings that gave rise to the resolved plan, the agreement pursuant to which the debtor retains the use or enjoyment of these assets or rights is not subject to the provisions of article L. 622-13 and the provisions of article L. 622-23-1 shall not apply.
For the application of article L. 622-23, the director must also be implicated when he has a mission of representation.