TITLE VIII: Provisions specific to sole traders with limited liability.

When the provisions of Titles I to VI of this Book are applied to the professional activities carried out by a sole trader with limited liability, they are applied on an asset-by-asset basis. The provisions of Titles I to VI of this Book are applied to the professional activities carried out by a sole trader with limited liability.

The provisions of Titles I to VI of this Book which concern the economic situation or the assets, rights or obligations of the debtor individual entrepreneur with limited liability shall, unless otherwise provided, be understood as relating solely to the assets and liabilities assigned to the business in difficulty or, if the business is carried on without assigning assets, solely to the assets and liabilities not assigned.

The provisions of Titles I to VI of this Book which concern the rights or obligations of the creditors of a debtor who is an individual entrepreneur with limited liability shall apply, unless otherwise provided, only within the limits of the assets allocated to the business in difficulty or, if the business is carried on without the allocation of assets, of the unallocated assets.

Unless otherwise provided, the references made by Titles I to VI of this Book to the debtor, the business, the contract and the co-contracting party shall mean, respectively: – the debtor insofar as it carries on the business in difficulty and is the owner of the assets and liabilities associated with that business, to the exclusion of all others; – the business carried on in the context of the business…

Where the provisions of Titles I to VI of this Book are applied in respect of a business carried on without the allocation of assets and liabilities, the assets and liabilities which, where applicable, come from assets whose allocation has ceased to have effect pursuant to Article L. 526-15 are considered to be outside the unaffected patrimony. This exclusion ceases as soon as the claims that made up the former…

The judgment opening safeguard, legal redress or legal liquidation proceedings automatically entails, until the closure of the proceedings or, where applicable, until the end of the operations of the plan, a prohibition on any debtor from allocating to a professional activity any property included in the assets covered by the proceedings or, subject to the payment of the income mentioned in Article L. 526-18, to change the allocation of such…

Without prejudice to the jurisdiction granted to the juge-commissaire by Article L. 624-19, the court seised of safeguard, receivership or compulsory liquidation proceedings opened in respect of an individual limited liability entrepreneur hears disputes relating to the allocation of the assets and liabilities of this entrepreneur that arise in the course of these proceedings.