Chapter I: Commencement of proceedings.

For the application of the second and third paragraphs of Article L. 621-2, the matter shall be referred to the court by means of a writ of summons for the purpose of extending the proceedings or reuniting the assets of the entrepreneur or, where applicable, in the forms and according to the procedure provided for in Article R. 631-4. The judgment shall be served on the debtor subject to the…

For the application of the fourth paragraph of Article L. 621-2, the judge shall determine the amount of the sums for which the protective measure is ordered in the light of the liabilities declared in the collective proceedings opened or, if the time limit mentioned in the first paragraph of Article R. 622-24 has not expired, in the light of the statements mentioned in Article R. 625-1.

The observation period opened by the judgment may be renewed, pursuant to Article L. 621-3, for a maximum period of six months. The president shall set the case on the court’s roll no later than ten days before the expiry of each observation period. The court clerk will summon the debtor, the representatives of the court and the auditors to the hearing and will notify the public prosecutor’s office. The…

In the opening judgment or at any time during the proceedings, the court may appoint a substitute official receiver to exercise the powers of the official receiver temporarily prevented from doing so.

The thresholds set pursuant to the fourth paragraph of Article L. 621-4 are for turnover excluding tax of 3,000,000 euros and for the number of employees of twenty. The amount of turnover is defined in accordance with the provisions of the sixth paragraph of Article D. 123-200. It is assessed on the closing date of the last accounting period. The number of employees to be taken into account is the…

I.-The number of secondary establishments referred to in 1° of Article L. 621-4-1 is three. The threshold referred to in the sixth paragraph of this same article corresponds to a net turnover of 20 million euros. This amount is defined in accordance with the provisions of the fifth paragraph of Article D. 123-200 and is assessed on the closing date of the last accounting period. II.-The second judicial administrator and…

Where, pursuant to articles L. 811-2 or L. 812-2, the court appoints a natural person to perform the duties of judicial administrator or judicial representative who is not registered on one of the lists provided for by these articles, that person shall send the court without delay the statement on his honour provided for in the fourth paragraph of article L. 811-2 or the third paragraph of II of Article…

Where the judicial administrator or the judicial representative appointed is not registered on one of the lists provided for in articles L. 811-2 or L. 812-2, it is attached by the court clerk to the copy of the judgment referred to in article R. 621-7, a document reproducing the terms of article L. 811-2 or article L. 812-2, article L. 811-11-1, article L. 814-5, the last paragraph of article L….

Within ten days of the opening judgment, the legal representative of the debtor legal entity or the individual debtor, assisted by the administrator if one has been appointed, convenes the social and economic committee or, failing this, the employees. The employees then elect their representative by secret ballot in a single-round uninominal ballot. The minutes of the appointment of the employees’ representative, or the minutes of the failure to act…

Challenges relating to the appointment of the employees’ representative shall be referred to the judicial tribunal by petition. This petition shall only be admissible if it is made within two days of the appointment of the employees’ representative. Within five days of the matter being referred to it, the judicial court shall give its final ruling, without costs or procedural form and on simple notice which it shall give two…