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Article L654-5 of the French Commercial code

Natural persons guilty of the offences provided for in articles L. 654-3 and L. 654-4 shall also incur the following additional penalties: 1° Disqualification from civic, civil and family rights, in accordance with the terms of article 131-26 of the Penal Code; 2° Prohibition, in accordance with the procedures laid down by Article 131-27 of the Criminal Code, either from holding a public office or from exercising the professional or…

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Article L654-7 of the French Commercial code

Corporate entities held criminally liable for the offences provided for in Articles L. 654-3 and L. 654-4 incur the following penalties: 1° A fine, in accordance with the terms set out in Article 131-38 of the Penal Code; 2° The penalties set out in Article 131-39 of the Penal Code. The prohibition mentioned in 2° of Article 131-39 of the Penal Code applies to the activity in the exercise or…

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Article L654-8 of the French Commercial code

Any person mentioned in article L. 654-1, to take any action or make any payment in breach of the provisions of article L. 622-7; 2° For any person mentioned in article L. 654-1, to make a payment in breach of the terms of settlement of liabilities provided for in the safeguard plan or recovery plan or to make a disposal without the authorisation provided for by l’article L. 626-14 ;…

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Article L654-9 of the French Commercial code

The penalties laid down in Articles L. 654-3 to L. 654-5 the fact: 1° In the interest of the persons mentioned in article L. 654-1, to remove, conceal or hide all or part of their movable or immovable assets, such assets being, if the person is a sole trader with limited liability or a sole trader covered by the status defined in Section 3 of Chapter VI of Title II…

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Article L654-10 of the French Commercial code

The fact, for the spouse, descendants or ascendants or collaterals or relatives of the persons mentioned in Article L. 654-1, to misappropriate, divert or conceal assets belonging to a debtor subject to receivership or compulsory liquidation proceedings, is punishable by the penalties laid down by Article 314-1 of the Penal Code.

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Article L654-11 of the French Commercial code

In the cases provided for in the preceding articles, the court hearing the case shall rule, even if there is an acquittal: 1° Ex officio, on the reinstatement in the debtor’s assets of all property, rights or shares that have been fraudulently removed; 2° On any damages that may be claimed. .

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Article L654-12 of the French Commercial code

I.-It is punishable by the penalties laid down in Article 314-2 of the Criminal Code for any administrator, court-appointed agent, liquidator or plan execution commissioner, including any person appointed pursuant to the provisions of the first paragraph of II of Article L. 812-2 or of III of the same article: 1° Deliberately harming the interests of the creditors or the debtor either by using for his own benefit sums received…

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Article L654-13 of the French Commercial code

A creditor who, after the judgment opening the safeguard, receivership or compulsory liquidation proceedings, enters into an agreement involving a particular advantage to be borne by the debtor shall be liable to the penalties provided for by Article 314-1 of the Penal Code. The court seised declares this agreement null and void.

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Article L654-14 of the French Commercial code

The penalties provided for in Articles L. 654-3 to L. 654-5 the fact, for the persons mentioned in 2° and 3° of article L. 654-1, in bad faith, with a view to evading all or part of their assets from the proceedings of the legal entity which has been the subject of a judgment opening a safeguard, receivership or compulsory liquidation or from those of the partners or creditors of…

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