TITLE II: Safeguards.

At the end of each observation period set by the court and, at any time, at the request of the public prosecutor or the official receiver, the debtor shall inform the latter, the administrator if one has been appointed, the official receiver and the auditors of the operating results, the cash flow situation and its ability to meet the debts referred to in I of Article L. 622-17.

For the application of the first paragraph of Article L. 622-10, the matter shall be referred to the court by petition. The judgment ordering the partial cessation of activity is communicated to the persons cited in article R. 621-7and mentioned in the registers provided for in the first four paragraphs of Article R. 621-8.

For the application of the second and third paragraphs of Article L. 622-10, 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. 631-3 or R. 631-4. The judgment converting the proceedings into a receivership or pronouncing a judicial liquidation is notified to the debtor within eight days of its pronouncement. Where the debtor…

The decision by which the court terminates the proceedings pursuant to Article L. 622-12 is immediately followed by an end-of-assignment report filed by the judicial representatives under the conditions of Articles R. 626-39 and R. 626-40. It is communicated to the persons cited in article R. 621-7 and is advertised as provided for in article R. 621-8. Article R. 626-41 is applicable.

The court clerk shall notify the co-contractor of the decision of the juge-commissaire granting the administrator the extension provided for in 1° of III of Article L. 622-13. The juge-commissaire declares, at the request of any interested party, the automatic termination of contracts in the cases provided for in III of Article L. 622-13 and in Article L. 622-14, as well as the date of such termination. The request for…

The decision of the official receiver authorising the cash contributions referred to in 2° and the payment deadlines referred to in 3° of III of article L. 622-17 shall be entered in the register kept for this purpose at the court registry with an indication of the identity of the debtor, the amount of the cash contributions, the identification of the contributor or co-contractor and the due date of the…

The administrator, where one has been appointed, shall keep the mandataire judiciaire informed of the claims mentioned in I of Article L. 622-17 of which he has become aware under the conditions provided for in IV of the same article. The list of these claims is transmitted by the administrator or, failing this, the mandataire judiciaire, as soon as their duties cease, to the commissaire à l’exécution du plan, or…

The debtor, the administrator if one has been appointed and, where applicable, the mandataire judiciaire shall indicate to the juge-commissaire and the public prosecutor, when they so request, the balance of the debtor’s bank accounts as well as that of the accounts opened at the Caisse des dépôts et consignations. If the continuation of the business so requires, the juge-commissaire may modify the distribution of sums between, on the one…

The declaration to the tax authorities made pursuant to article L. 622-19 is incumbent on the debtor.

Under the first paragraph of Article L. 622-20, the action of a creditor appointed as controller, in the collective interest of the creditors, is admissible only after formal notice has been given to the mandataire judiciaire by registered letter with acknowledgement of receipt, which has remained unfruitful for two months from receipt.