Articles L. 621-1, L. 621-2 and L. 621-3 are applicable to receivership proceedings.
The maximum duration of the observation period mentioned in the first paragraph of Article L. 621-3 may exceptionally be extended at the request of the public prosecutor by a specially reasoned decision of the court for a maximum period of six months.
When the situation of the debtor who has declared that it is in a state of cessation of payments appears manifestly insusceptible of recovery, the court shall invite the debtor, in the absence of a subsidiary application for the opening of compulsory liquidation proceedings, to present its observations on the existence of the conditions of Article L. 640-1. It then rules, in the same decision, on the application for judicial reorganisation and, where applicable, on the opening of judicial liquidation proceedings.
Before ruling, the court shall examine whether the debtor’s situation meets the conditions set out in articles L. 645-1and L. 645-2 and shall, where appropriate, with its agreement, open a professional recovery procedure.