BOOK VI: Company difficulties.

The president of the court may make use of the provisions of the fifth paragraph of Article L. 611-6 at any time during the conciliation proceedings.

The order ruling on the request shall be notified to the applicant by the registrar. If a conciliator is appointed, the notification shall reproduce the provisions of articles R. 611-27 and R. 611-28. The decision opening the conciliation procedure is communicated without delay by the registrar to the public prosecutor and, where applicable, to the professional order or authority to which the debtor belongs. The conciliator is notified of the…

If the request to appoint a conciliator or to extend the conciliator’s mission is not granted, the debtor may lodge an appeal by a declaration made or sent by registered letter with acknowledgement of receipt to the court registry. However, the debtor is exempted from the ministry of a lawyer. The president of the court may, within five days of the declaration of appeal, amend or retract his decision. In…

The appeal lodged by the public prosecutor’s office against the order initiating the conciliation procedure is heard and judged according to the procedure without compulsory representation.

The request referred to in the third sentence of the first paragraph of Article L. 611-7 is accompanied by the following: 1° The request for notice sent to the participating creditors, which reproduces the provisions of the first paragraph of article L. 611-7 and I of Article L. 642-2 and on which each creditor has mentioned its opinion or, failing this, a document justifying the request for an opinion; 2°…

In application of article L. 611-6, the debtor may request that the conciliator be challenged if the conciliator is in one of the following situations:

The application for disqualification shall be made within fifteen days of notification of the decision appointing the conciliator, by a document delivered to the court registry or by a statement recorded by the court registrar in the minutes. It shall state the reasons on which it is based and, where appropriate, be accompanied by documents capable of substantiating it. It shall suspend the proceedings until a final decision has been…

The Registrar shall notify the conciliator of the challenge request by registered letter with acknowledgement of receipt. The letter of notification shall reproduce the second and third paragraphs of this article. Upon receipt of notification of the request, the conciliator shall abstain until a ruling has been made on the challenge. Within eight days of such receipt, he or she shall inform the president of the court in writing either…

If the conciliator acquiesces, he or she is replaced without delay.

If the conciliator opposes the challenge or fails to respond, the application shall be considered by the president of the court, the debtor and the conciliator heard or duly summoned. The order ruling on the application for challenge shall be notified by the registrar to the debtor. A copy of this decision shall also be delivered or sent to the conciliator.