TITLE II: Safeguards.

Debt remissions granted, for the application of Article L. 626-6, by financial administrations, social security bodies, Pôle emploi on behalf of the managing body of the unemployment insurance scheme, institutions governed by Book IX of the Social Security Code and institutions governed by Book VII of the Rural and Maritime Fishing Code are carried out under the terms and conditions defined by the articles D. 626-10 to D. 626-15.

Debts eligible for remission correspond to: 1° To penalties, late payment interest, default interest, tax or customs fines, surcharges, prosecution costs, regardless of the tax or miscellaneous State budget product to which these penalties or costs apply ; 2° Aux majorations de retard, frais de poursuite, pénalités et amendes attachés aux cotisations et contributions sociales recouvrées par les organismes de sécurité sociale et par les institutions régies par le livre…

Debts due on the date of receipt of the application for remission, valid as a referral to the commission mentioned in Article D. 626-14, and due to the administrations, bodies and institutions mentioned in article D. 626-9.

If conciliation proceedings are opened, the debtor or the conciliator refers the request for debt remission to the commission mentioned in article D. 626-14, including by electronic means. This referral must be made within five months of the date on which the procedure is opened, failing which it will be time-barred. It may not be made after the end of the proceedings. A.-This application shall be accompanied or supplemented by…

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….

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…

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…