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TITLE IV: Judicial liquidation and professional recovery.

Article R640-1 of the French Commercial code

The request to open the judicial liquidation proceedings shall be presented in accordance with the procedures set out in articles R. 631-1, R. 631-2, with the exception of the second paragraph, R. 631-4 and R. 631-5. A creditor’s application to open judicial liquidation proceedings is, on pain of inadmissibility, which must be raised ex officio, exclusive of any other application, with the exception of an application to open judicial reorganisation…

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Article R640-1-1 of the French Commercial code

When the debtor, a natural person, also applies for the benefit of a professional recovery procedure, he must specify, in addition to the inventory, the methods used to value his assets. The inventory thus completed is drawn up on the date of the application. He must also certify that he meets the conditions set out in articles L. 645-1 and L. 645-2. The conditions set out in the last two…

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Article R640-2 of the French Commercial code

A court of appeal which quashes a judgment ruling on the opening of judicial liquidation proceedings or its pronouncement may, of its own motion, open judicial liquidation proceedings or pronounce them. If a judgment opening judicial liquidation proceedings is quashed, it may, of its own motion, open judicial reorganisation proceedings.

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Article R641-1 of the French Commercial code

The provisions of articles R. 621-2 to R. 621-4, R. 621-7, R. 621-7-1, R. 621-8-1, with the exception of the last paragraph, R. 621-8-2, R. 621-10 and R. 621-12 to R. 621-16, as well as Article R. 631-7-1, are applicable to judicial liquidation proceedings subject to the provisions of this section.

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Article R641-3 of the French Commercial code

I.-When the court appoints at least a second judicial representative as liquidator pursuant to the provisions of Article L. 641-1-2, the number of secondary establishments mentioned in 1° of Article L. 621-4-1 and the threshold mentioned in the fifth paragraph of that same article are those set out in the first two paragraphs of Article R. 621-11-1. II.-The second judicial representative must have been registered for at least ten years…

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Article R641-6 of the French Commercial code

The judgment ruling on the opening of the judicial liquidation proceedings is notified to the debtor or the creditor by the registrar within eight days of its pronouncement. Where the debtor is not the claimant, the judgment is served on him within the same period. It is communicated to the persons mentioned in article R. 621-7.

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Article R641-7 of the French Commercial code

The judgment opening the judicial liquidation proceedings, pronouncing its extension or ordering the reunification of the assets of the same entrepreneur is subject to the publicity measures provided for in Article R. 621-8. However, in the event of an appeal by the public prosecutor pursuant to Article L. 661-1 or in the event of a stay of provisional enforcement ordered pursuant to the fourth paragraph of Article R. 661-1, these…

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