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Article D626-13 of the French Commercial code

In the event of the opening of safeguard or receivership proceedings, the court-appointed administrator or the judicial representative shall refer, including by dematerialised means, the application for debt remission to the commission mentioned in Article D. 626-14 . This referral must be made, under penalty of foreclosure, within six months of the date on which the proceedings are opened. It may not be made after the end of the proceedings….

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Article D626-14 of the French Commercial code

Applications for debt remission are examined by a commission comprising the heads of financial services and representatives of the bodies and institutions concerned. The composition and operating conditions of this commission are set by the decree no. 2007-686 of 4 May 2007instituting in each department a commission of heads of financial services and representatives of social security and unemployment insurance bodies to examine the situation of late debtors. The chairman…

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Article D626-15 of the French Commercial code

The purpose of debt forgiveness is to facilitate the financial restructuring of a company in difficulty, the continuation of its economic activity and the maintenance of employment. Debt forgiveness is not justified if the business is no longer viable. It must not represent an unjustified economic advantage for the beneficiary company. The efforts of public creditors are coordinated with those of other creditors with a view to facilitating the sustainable…

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Article R626-17 of the French Commercial code

As soon as the draft plan is filed with the registry by the debtor, the registrar convenes, by registered letter with acknowledgement of receipt, the debtor, the representatives of the staff delegation of the social and economic committee and the auditors. The public prosecutor as well as the administrator and the judicial representative are notified of the date of the hearing.

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Article R626-18 of the French Commercial code

The court shall rule before the expiry of the periods provided for in Article L. 621-3. When a draft plan is not presented in due time, the court may be asked to close the proceedings by the public prosecutor, by any creditor or by the legal representatives. It shall rule, the debtor having been heard or called. The judgment of closure is notified to the debtor and is subject to…

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Article R626-20 of the French Commercial code

The judgment adopting the plan is communicated by the registrar to the persons mentioned in 3° of Article R. 621-7 and is the subject of the advertisements provided for in Article R. 621-8. If the plan is still in progress at the end of a period of two years from the date it was approved, the information relating to the procedure and the implementation of the plan shall, at the…

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Article R626-21 of the French Commercial code

The judgment adopting or rejecting the plan is notified to the debtor and to the representatives of the staff delegation of the social and economic committee and brought to the attention of the public prosecutor and the legal representatives by the court clerk, within eight days of the date of the judgment. It is also notified by the registrar to any person required to execute it, in accordance with article…

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Article R626-22 of the French Commercial code

When the decision rejecting the plan has become final and the provisions of the second or third paragraph of Article L. 622-10 have not been applied, the court shall refer the matter to itself for the purpose of closing the proceedings. It shall rule under the conditions of Article L. 626-9. The closing judgment is notified to the debtor and is subject to the publicity provided for in article R….

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Article R626-23 of the French Commercial code

The court that decided on the plan remains competent to deal with the conditions of its implementation notwithstanding a change in the place of the registered office of the legal entity or the address of the business or activity of the individual debtor.

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