TITLE II: Safeguards.

For the application of the fourth paragraph of Article L. 621-7, the matter is referred to the official receiver by means of a petition filed with or addressed to the court registry. The clerk of the court convenes the applicant and, as the case may be, the administrator, the mandataire judiciaire or the expert by registered letter with acknowledgement of receipt; he notifies the public prosecutor of the date of…

The mandataire de justice who ceases his functions shall render his accounts to the person who replaces him, in the presence of the juge-commissaire, the debtor being heard or called at the instance of the court clerk.

The mandataire judiciaire shall take all measures to inform and consult creditors. Creditors who so request by registered letter with acknowledgement of receipt to the mandataire judiciaire shall be kept informed by the mandataire judiciaire of the essential stages of the proceedings as they progress.

Within two months of the opening judgment, the mandataire judiciaire and the administrator, where one has been appointed, shall send a report to the juge-commissaire and the public prosecutor on the conduct of the proceedings and the economic and financial situation in which the debtor finds itself. This report is filed at the court registry.

The juge-commissaire shall rule by order on applications, disputes and claims falling within his jurisdiction as well as on claims made against the acts of the administrator, the mandataire judiciaire and the commissaire à l’exécution du plan. The matter is referred to the official receiver by petition, unless otherwise provided. If the official receiver has not ruled within a reasonable time, the matter may be referred to the court at…

Before appointing a technician pursuant to Article L. 621-9, the official receiver shall hear the debtor’s observations. However, where it appears justified not to call an opposing party, the official receiver’s judge shall rule without an adversarial hearing. On completion of the technician’s mission, the official receiver’s judge shall determine his remuneration in the light, in particular, of the diligence accomplished, the quality of the work provided and compliance with…

A creditor applying to be appointed as controller pursuant to the first paragraph of article L. 621-10 must make a declaration to the registry. He shall indicate the amount of his claim(s) and, where applicable, the nature of any security held. The creditors and institutions mentioned in the second paragraph of Article L. 621-10, who request to be appointed as auditors, shall make a declaration to the court registry, transmit…

The duties of the juge-commissaire and the supervisors end on the day on which the report on the end of the assignment of the court-appointed administrator, the mandataire judiciaire and, where applicable, the commissaire à l’exécution du plan, has been approved.

For the application of Article L. 621-12, the matter shall be referred to the court by petition or, where applicable, in the forms and according to the procedure provided for in Article R. 631-4. It rules after hearing or duly calling the judicial representative, the administrator where one has been appointed, the auditors and the representatives of the staff delegation of the social and economic committee, and after obtaining the…