Chapter I: Prevention of business difficulties, ad hoc mandates and conciliation procedures

After having obtained the agreement of the debtor and, in the event of recourse to conciliation and to an agent for the execution of the agreement, the opinion of the public prosecutor under the conditions laid down by decree in the Conseil d’Etat, the president of the court sets, at the time of their appointment, the conditions for the remuneration of the ad hoc agent, the conciliator, the agent for…

Any person who is called to the conciliation procedure or to an ad hoc mandate or who, by virtue of his functions, has knowledge thereof is bound by confidentiality.

Any clause which modifies the conditions for continuing a current contract by reducing the debtor’s rights or increasing his obligations solely as a result of the appointment of a mandataire ad hoc pursuant to article L. 611-3 or the opening of conciliation proceedings pursuant to article L. 611-6 or a request made to that end. Any clause charging the debtor, solely as a result of the appointment of a mandataire…

This chapter applies, subject to the conditions it sets out, to entrepreneurs whose status is defined in Section 3 of Chapter VI of Title II of Book V insofar as it concerns their business assets.