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TITLE IX: Special provisions for insolvency proceedings covered by Regulation (EU) No 2015/848 of 20 May 2015 on insolvency proceedings

Article R690-1 of the French Commercial code

Other than the documents mentioned in articles R. 621-1, R. 631-1 or R. 640-1, the following documents shall be attached to the application to open insolvency proceedings: 1° Any information enabling the location of the centre of main interests to be determined; 2° Any information relating to any transfers of registered office in the three months preceding the application to open; 3° Any information relating to transfers of assets in…

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Article R691-1 of the French Commercial code

If classes of creditors have been constituted, the official receiver shall collect, by any means, their opinions on the draft undertaking mentioned in Article L. 691-2. He informs the juge-commissaire of these notices without delay.

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Article R691-2 of the French Commercial code

The court is seised by petition of challenges raised or applications made pursuant to Article L. 691-3. The court rules on the application after hearing or duly calling in chambers the debtor who has not been divested, the court-appointed agent(s), the applicant creditors and obtaining the opinion of the public prosecutor. The judgment is notified to the debtor and the petitioning creditor by the court clerk, who sends a copy…

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Article R692-1 of the French Commercial code

Other than the documents mentioned in articles R. 621-1, R. 631-1 or R. 641-1, and in Article R. 690-1, the following documents, presented in French or accompanied by a translation into French, shall be attached to the application for the opening of secondary insolvency proceedings made by the debtor or the insolvency practitioner of the main insolvency proceedings: 1° A copy of the decision to open the main insolvency proceedings…

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Article R692-2 of the French Commercial code

I.-The court to which an application for the opening of secondary insolvency proceedings is made shall without delay inform the insolvency practitioner of the main insolvency proceedings opened within the territory of another Member State and the debtor who has not been divested by registered letter with a request for acknowledgement of receipt. receipt, which shall mention the time limit and the procedures for objecting to the request to open…

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Article R692-3 of the French Commercial code

The court shall rule on the applications for provisional or protective measures referred to in II of Article L. 692-2 after having heard or duly called in chambers the debtor who has not been divested, the insolvency practitioner in the main proceedings and, where applicable, the creditor who requested the provisional or protective measure, and after having obtained the opinion of the Public Prosecutor.

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Article R692-4 of the French Commercial code

For the purposes of Article 46 of Regulation (EU) No 2015/848 referred to above, the insolvency practitioner shall inform without delay, by registered letter with acknowledgement of receipt or, if he has consented, by electronic mail with acknowledgement of receipt, the insolvency practitioner of the main insolvency proceedings of any request for the transfer of the business or an asset of the secondary insolvency proceedings and of the period within…

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Article R692-5 of the French Commercial code

If the request for suspension provided for in the previous article is granted, the court shall set the date on which the measure will be re-examined before the expiry of a period of three months. The measure suspends the procedural time limits mentioned in articles L. 621-3and L. 643-2.

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Article R692-6 of the French Commercial code

In application of III of Article L. 692-5, as soon as the draft plan has been filed at the registry by the debtor or the administrator, the registrar shall notify the insolvency practitioner in the main insolvency proceedings of the date of the hearing to examine the plan provided for in Article L. 626-9 by registered letter with acknowledgement of receipt. The insolvency practitioner in the main insolvency proceedings shall…

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Article R692-7 of the French Commercial code

I.-The insolvency practitioner in the main insolvency proceedings shall notify the undertaking he proposes to give pursuant to Article 36 of Regulation (EU) No 2015/848 of 20 May 2015 to the debtor’s known local creditors who have an establishment on national territory, by registered letter with acknowledgement of receipt. Enclosed with this letter are: 1° A statement of the debtor’s assets and liabilities with a breakdown of preferential liabilities and…

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