TITLE III: Receivership.

The application to open receivership proceedings is filed by the legal representative of the legal entity or by the individual debtor at the registry of the competent court. Attached to this application, in addition to the annual accounts for the last financial year, are the following documents: 1° A statement of liabilities due and assets available, together with a declaration of cessation of payments. Where the business in difficulty is…

A creditor’s writ specifies the nature and amount of the claim and contains any evidence likely to characterise the debtor’s cessation of payments. Where a farm is involved, the creditor shall attach to its application a certificate, issued by the court clerk, of the referral to the president of the judicial court pursuant to Article L. 351-2 of the Rural and Maritime Fishing Code. An application to open receivership proceedings…

When the court exercises its ex officio power and unless the interested parties have previously been invited to present their observations, the court shall cause the debtor to be summoned at the instance of the court clerk, by registered letter with acknowledgement of receipt, to appear within the time limit it shall set. Attached to the summons shall be a note setting out the facts likely to justify the court…

When the Public Prosecutor’s Office requests that the proceedings be opened by petition, the petition shall state the facts on which the request is based. The president of the court, through the clerk of the court, shall cause the debtor to be summoned by registered letter with acknowledgement of receipt to appear within the time limit he shall set. The summons shall be accompanied by the Public Prosecutor’s request.

Where, in the case provided for in the second paragraph of Article L. 631-3, the court is seised at the request of the public prosecutor, Article R. 631-4 is applicable to the heirs of the debtor whose address is known. If there are heirs whose address is unknown, the president of the judicial court seised of its own motion, or seised at the request of the public prosecutor, the administrator…

A court of appeal which sets aside or reverses a judgment ruling on the opening of receivership proceedings may, of its own motion, open receivership or compulsory liquidation proceedings.

Articles R. 621-2 to R. 621-4, R. 621-7 to R. 621-9 and R. 621-14 to R. 621-16 are applicable to receivership proceedings subject to the provisions of this section.

For the application of the second paragraph of Article L. 631-7, the chairman shall have the court clerk summon the debtor, the judicial representatives and the auditors to the hearing and shall notify the public prosecutor of the date of the hearing. The court rules on the request to extend the observation period after hearing the observations of the debtor, the administrator, the judicial representative and the auditors. The decision…

The protective measure taken pursuant to the fourth paragraph of Article L. 621-2, as soon as it has been served on the defendant mentioned in that text, shall be brought without delay to the attention of the persons designated in accordance with Article R. 621-2.

Where applicable, the court clerk shall notify the pursuing creditors that they may inspect the report referred to in the second paragraph of article R. 621-3 at the court clerk’s office and at the same time notify them of the date of the hearing.