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

For the application of the penultimate paragraph of Article L. 611-7or the last paragraph of Article L. 611-10-1, the debtor summons the creditor referred to in these provisions before the president of the court that opened the conciliation proceedings. The president of the court shall rule on the time limits in accordance with the accelerated procedure on the merits after having heard the observations of the conciliator or, where applicable,…

The conciliator may ask the president of the court to terminate his mission if he considers that the proposals made by him to the debtor pursuant to the first paragraph of Article L. 611-7 and that it rejected them.

Where the debtor so requests, the president of the court shall immediately terminate the conciliation proceedings.

The decision terminating the conciliation procedure is not subject to appeal. The order is communicated by the registrar to the conciliator and the public prosecutor.

The opening of safeguard, receivership or compulsory liquidation proceedings automatically terminates the conciliation procedure.

The conciliator shall send a copy of the report provided for in the last paragraph of Article L. 611-7 to the debtor. The report is filed with the court registry. It is communicated by the registrar to the public prosecutor .

In application of I of article L. 611-8, the agreement of the parties is recorded by an order of the president of the court, who has the executory clause affixed to it by the court clerk. The debtor’s certified declaration is attached to it. The agreement and its annexes are filed at the court registry. Copies may only be issued to the parties and to persons who may avail themselves…

A statement of all costs to be borne by the debtor is prepared by the debtor, assisted by the conciliator. It includes: 1° The conciliator’s remuneration, if this has been agreed, or, failing this, the terms of this remuneration as set by the president of the court, as well as the remuneration of the mandataire ad hoc if a mandataire ad hoc immediately preceded the opening of the conciliation; 3°…

The persons called to the homologation hearing pursuant to the first paragraph of Article L. 611-9 may inspect the agreement at the court registry. The judgment does not repeat the terms of the agreement. It mentions the guarantees and liens constituted to ensure its execution. It specifies the amounts guaranteed by the lien instituted by Article L. 611-11.

When the debtor requests the appointment of a mandatary for the execution of the agreement, the conciliator is invited to present his observations on the interest of such a mission. The mandatary may only be appointed after expressing his agreement.