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

The judgment ruling on the homologation of the agreement is notified by the registrar to the debtor and the creditors who signed the agreement. It is communicated to the conciliator and the public prosecutor.

An appeal against a judgment rejecting homologation is lodged, investigated and judged in accordance with the rules specific to non-contentious proceedings. However, the parties are exempt from the requirement to be represented by a lawyer. In all other cases, the appeal is lodged, heard and judged in accordance with the rules specific to proceedings without compulsory representation.

A notice of the judgment of homologation is sent for insertion in the Bulletin officiel des annonces civiles et commerciales. This insertion contains an indication of the debtor’s name, registered office or, where the debtor is a natural person, the address of his business or activity. The unique identification number of the debtor and, where applicable, the name of the town or city where the registry or regional chamber of…

Subject to the proceedings initiated by the third party opposition referred to in Article L. 611-10, and apart from the judicial authority, to whom the approved agreement and the expert report may be communicated pursuant to Article L. 621-1, the agreement may only be communicated to the parties and the persons who may rely on it and the expert report only to the debtor and the conciliator. The agreement may…

For the application of the second paragraph of Article L. 611-10-2, the debtor shall provide proof of the lifting of the ban on issuing cheques to the credit institution that initiated this measure by submitting a copy of the judgment approving the agreement, to which he or she shall attach a statement of payment incidents. The credit institution that initiated the ban informs the Banque de France that the ban…

The request for resolution of the recorded or approved agreement made pursuant to Article L. 611-10-3 is made by summons. All the parties to the agreement as well as the creditors in respect of whom it was made pursuant to the fifth paragraph of Article L. 611-7 or the last paragraph of Article L. 611-10-1 shall be called into question by the claimant, where applicable on injunction by the court….

When the initiation of conciliation proceedings is requested by an entrepreneur, the provisions of this section apply only to the assets that are the subject of the request. However, situations of incompatibility of the conciliator shall be assessed in consideration of all the assets of which the applicant is the holder.