In application of I of Article L. 626-27, the matter shall be referred to the court for resolution of the plan by petition or, where applicable, in the form and according to the procedure provided for in Article R. 631-4. It rules under the conditions of Article L. 626-9, the commissioner for the implementation of the plan being heard or duly called and presenting his report in place of that…
For the application of III of Article L. 626-27, the administrator responsible for the execution of the plan shall send the court registrar the list of claims admitted to the plan, deducting, for each of them, the sums already collected. The Registrar shall enter this list on the statement of claims for the new proceedings. Under the same conditions, the claims entered on the list mentioned in Article R. 622-15…
When a case is referred to it pursuant to article L. 626-28, the court shall rule on the basis of a report drawn up by the commissaire à l’exécution du plan. The court’s decision is communicated to the public prosecutor. At the debtor’s initiative, decisions relating to the proceedings are struck from the registers in which they were entered.
Within two months of the completion of his assignment, the plan execution commissioner files an end-of-assignment report under the conditions of Articles R. 626-39 and R. 626-40. Article R. 626-41 is applicable.
The thresholds set pursuant to Article L. 626-29 are: 1° 250 employees and 20 million euros in net sales; or 2° 40 million euros in net sales. These thresholds are assessed on the date of the application to initiate proceedings.
Where the court has not appointed an administrator and the official receiver authorises the application of the provisions of articles L. 626-29 to L. 626-34, the official receiver shall appoint an administrator for the purpose of carrying out the duties vested in him by articles L. 626-30 to L. 626-34. .
The decision by which the juge-commissaire authorises the application of the provisions of articles L. 626-29 to L. 626-34 is a judicial administration measure. The decision by which the juge-commissaire authorises the application of the provisions of articles L. 626-29 to L. 626-34 is a judicial administration measure.
The administrator shall notify each affected party by any means that it is a member of a class and shall inform it of the arrangements allowing it to communicate by electronic means. Subject to the provisions of this section, the provisions of sub-section 5 of section 4 of Chapter IV of Title I of Book VIII shall apply. The use of these electronic communication methods constitutes consent to electronic transmission….
The debtor shall submit to the administrator without delay the list of claims and the amount of each of them, certified by its statutory auditor(s) or, where no statutory auditor has been appointed, drawn up by its chartered accountant. Where the holders of capital are affected by the draft plan, the list is supplemented by information relating to the terms of participation in the debtor’s capital, the articles of association…
For the application of the second paragraph of Article L. 626-30-1, the transfer of a claim arising prior to the opening judgment shall be brought to the attention of the administrator by registered letter with acknowledgement of receipt. .
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
