Chapter I: Preventing business difficulties, ad hoc mandates and conciliation procedures.

The request for the opening of conciliation proceedings addressed or delivered to the president of the court pursuant to Article L. 611-6 is accompanied, subject to the specific provisions applicable to the debtor, by the following documents: 1° The unique identification number; 2° The statement of receivables and debts accompanied by a schedule and a list of the main creditors; 3° The statement of assets and liabilities of sureties as…

As soon as the request is received, the president of the court shall have the court clerk summon the legal representative of the debtor legal entity or the debtor natural person in order to hear their explanations. The order appointing the conciliator shall define the purpose of the conciliator’s mission and set the terms of the conciliator’s remuneration in accordance with the provisions of Section 5 of this chapter, as…

I. – When the conditions provided for in 4° of Article L. 721-8 are met, the debtor shall address or submit directly to the president of the competent specialised commercial court his request for the opening of conciliation proceedings.

The president of the court may make use of the provisions of the fifth paragraph of Article L. 611-6 at any time during the conciliation proceedings.

The order ruling on the request shall be notified to the applicant by the registrar. If a conciliator is appointed, the notification shall reproduce the provisions of articles R. 611-27 and R. 611-28. The decision opening the conciliation procedure is communicated without delay by the registrar to the public prosecutor and, where applicable, to the professional order or authority to which the debtor belongs. The conciliator is notified of the…

If the request to appoint a conciliator or to extend the conciliator’s mission is not granted, the debtor may lodge an appeal by a declaration made or sent by registered letter with acknowledgement of receipt to the court registry. However, the debtor is exempted from the ministry of a lawyer. The president of the court may, within five days of the declaration of appeal, amend or retract his decision. In…

The appeal lodged by the public prosecutor’s office against the order initiating the conciliation procedure is heard and judged according to the procedure without compulsory representation.