TITLE VI: General procedural provisions.

The Public Prosecutor’s Office shall be notified of the date of the hearing by the Registrar in any case that is to be communicated to it. Where the proceedings are to take place in the presence of the Public Prosecutor’s Office, the Registrar shall mention this in that notice.

Where the debtor is a member of a professional order or authority, that order or authority shall inform the registry and the bodies of the proceedings of the person authorised to represent it. In the absence of such a declaration, his legal representative shall perform this function.

The court shall rule on a report from the official receiver on all matters relating to the safeguard, receivership and judicial liquidation, the action for liability for insufficient assets, personal bankruptcy or the prohibition provided for in Article L. 653-8. However, no report is made when the court rules on an appeal against an order of this judge.

The note by which the president of the court informs the public prosecutor, in accordance with articles L. 631-3-1 or L. 640-3-1, is communicated to the latter by the court registrar. Where applicable, it is attached to the summons that the Public Prosecutor issues to bring the case before the court or to the summons sent to the debtor pursuant to article R. 631-4.

Judgments handed down by the court are pronounced in open court, with the exception of those rejecting the request to initiate one of the procedures provided for in Book VI of the legislative part of this code and those rejecting the homologation of the amicable agreement at the end of a conciliation procedure.

If funds owed to the debtor have been consigned to the Caisse des dépôts et consignations by third parties, the caisse transfers these funds with the rights, charges and registrations encumbering them to the deposit account opened by the court-appointed agent acting as administrator, plan execution commissioner or liquidator. The court-appointed agent is liable to the purchaser and creditors for the obligations arising from these securities.

The list of files that have been assigned to each of the persons to whom a mandate relating to the procedures governed by Book VI of the legislative part of this code has been entrusted, drawn up pursuant to Article L. 662-6, mentions, for each of the debtors concerned, its turnover and the number of its employees as defined by article R. 621-11.

The information provided for in article L. 662-6 are brought to the attention of the Keeper of the Seals, Minister of Justice, the public prosecutor at the courts that designated the persons concerned, the regional inspecting magistrate, the coordinating magistrate referred to in Article R. 811-40 and to the Conseil national des administrateurs judiciaires et des mandataires judiciaires, within two months of the end of each six-month period.

The official receiver shall rule on the application by which the judicial administrator, the judicial representative or the liquidator requests the authorisation provided for in Article L. 663-1-1 after having heard or duly summoned the owner of the assets that are the subject of the protective seizure and the debtor. The application is examined in the presence of the public prosecutor.

I.-A referral to the specialised commercial court pursuant to the third paragraph of Article L. 662-8 is pronounced ex officio by the president of the court seised, by reasoned order, after having heard or duly summoned the debtor and obtained the opinion of the public prosecutor. The clerk of the commercial court seised shall immediately forward the file to the president of the designated specialised commercial court, together with a…