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TITLE V: Liabilities and sanctions.

Article L650-1 of the French Commercial code

When safeguard, receivership or compulsory liquidation proceedings are opened, creditors cannot be held liable for losses suffered as a result of assistance granted, except in cases of fraud, blatant interference in the management of the debtor or if the guarantees taken in return for such assistance are disproportionate to it. In the event that a creditor’s liability is recognised, the guarantees taken in return for its assistance may be cancelled…

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Article L651-1 of the French Commercial code

The provisions of this chapter are applicable to the managers of a private law legal entity subject to collective proceedings, as well as to natural persons who are permanent representatives of these legal entity managers, to individual entrepreneurs with limited liability and to individual entrepreneurs covered by the status defined in Section 3 of Chapter VI of Title II of Book V.

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Article L651-2 of the French Commercial code

Where the judicial liquidation of a legal entity reveals a shortfall in assets, the court may, in the event of mismanagement having contributed to the shortfall in assets, decide that the amount of the shortfall in assets will be borne, in whole or in part, by all or some of the de jure or de facto managers who contributed to the mismanagement. If there is more than one manager, the…

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Article L651-3 of the French Commercial code

In the cases provided for in Article L. 651-2, the matter shall be referred to the court by the liquidator or the public prosecutor. In the collective interest of the creditors, the matter may also be referred to the court by the majority of the creditors appointed as controllers where the liquidator has not taken the action provided for in the same article, after a formal notice has remained unanswered…

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Article L651-4 of the French Commercial code

For the application of the provisions of Article L. 651-2, ex officio or at the request of one of the persons mentioned in article L. 651-3, the president of the court may instruct the juge-commissaire or, failing this, a member of the court designated by him to obtain, notwithstanding any legislative provision to the contrary, communication of any document or information on the financial situation of the managers and permanent…

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Article L653-1 of the French Commercial code

I.-When receivership or compulsory liquidation proceedings are opened, the provisions of this chapter are applicable to: 1° Natural persons exercising a commercial or craft activity, farmers and any other natural person exercising an independent professional activity including a liberal profession subject to a legislative or regulatory status or whose title is protected; 2° Natural persons, de jure or de facto managers of legal persons; 3° Natural persons, permanent representatives of…

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Article L653-2 of the French Commercial code

Personal bankruptcy entails a ban on directing, managing, administering or controlling, directly or indirectly, any commercial or craft enterprise, any farm or any enterprise with any other independent activity and any legal person.

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Article L653-3 of the French Commercial code

I.-The court may declare the personal bankruptcy of any person mentioned in 1° of I of Article L. 653-1 , subject to the exceptions provided for in the last paragraph of I of the same article, against whom one of the following facts has been identified: 1° Having abusively pursued a loss-making operation which could only lead to the cessation of payments; 2° (Repealed). 3° Having misappropriated or concealed all…

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Article L653-4 of the French Commercial code

The court may declare the personal bankruptcy of any director, de jure or de facto, of a legal person, against whom one of the following facts has been identified: 1° Having disposed of the assets of the legal person as if they were his own; 2° Under cover of the legal person masking his actions, having carried out commercial acts in a personal interest; 3° Having made use of the…

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Article L653-5 of the French Commercial code

The court may declare the personal bankruptcy of any person mentioned in Article L. 653-1 against whom one of the following facts has been established: 1° Having exercised a commercial, craft or agricultural activity or a function of management or administration of a legal entity contrary to a prohibition provided for by law; 2° Having, with the intention of avoiding or delaying the opening of receivership or compulsory liquidation proceedings,…

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