Article R631-34-7 of the French Commercial code
November 5, 2023
For the application of article L. 631-9-1, meetings are convened and held in accordance with the non-contradictory provisions of Book II.
For the application of article L. 631-9-1, meetings are convened and held in accordance with the non-contradictory provisions of Book II.
The articles R. 626-17 to R. 626-51, excluding article R. 626-18, the second and third paragraphs of article R. 626-20, and of article R. 626-22, are applicable to the receivership proceedings. The court clerk shall proceed with the summonses and notices mentioned in article R. 626-17 as soon as the draft plan has been filed at the court clerk’s office by the administrator. For the application of Article R. 626-48,…
Where, pursuant to III of Article L. 631-19 the administrator or the debtor provides for redundancies for economic reasons in his draft plan, he shall attach the following documents to the report filed with the court registry or produce them at the hearing: 1° The minutes of the deliberations of the social and economic committee consulted pursuant to Article L. 1233-58 of the Labour Code; 2° A copy of the…
Articles R. 626-52 to D. 626-65 are applicable to receivership proceedings. The administrator, with the assistance of the debtor, exercises the prerogatives vested in the latter.
Article R. 627-1 is applicable to receivership proceedings. The judicial representative exercises the functions devolved to the administrator by article R. 631-14.
Without prejudice to the application of the first two paragraphs of Article R. 642-40, the administrator shall notify the registry of the essential characteristics of the business or branch(es) of business likely to be transferred pursuant to Article L. 631-22. It shall set the deadline by which bids may be submitted to it pursuant to Article L. 631-13. Any interested party may inspect this information at the court registry. The…
The articles R. 642-1 to R. 642-21, excluding the first paragraph of article R. 642-10, are applicable to the assignment referred to in l’article L. 631-22. The mandataire judiciaire performs the duties devolved to the liquidator by articles R. 642-8, R. 642-18, R. 642-20 and R. 642-21.
Where the sale of all or part of the business has been ordered by the court pursuant to article L. 631-22, the mandataire judiciaire shall receive the sale price notwithstanding the execution of the deeds by the administrator. Where the debtor benefits from a reorganisation plan, the mandataire judiciaire remits the price to the commissaire à l’exécution du plan. Where the debtor is subject to compulsory liquidation, the mandataire judiciaire…
When the administrator’s and the mandataire judiciaire’s end-of-assignment reports have been approved by the juge-commissaire, the proceedings are the subject of a closure order issued by the president of the court. This decision is a judicial administration measure not subject to appeal. It is communicated to the persons cited in article R. 621-7and mentioned in the registers provided for in the first four paragraphs of Article R. 621-8.
The request to open the judicial liquidation proceedings shall be presented in accordance with the procedures set out in articles R. 631-1, R. 631-2, with the exception of the second paragraph, R. 631-4 and R. 631-5. A creditor’s application to open judicial liquidation proceedings is, on pain of inadmissibility, which must be raised ex officio, exclusive of any other application, with the exception of an application to open judicial reorganisation…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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