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Article R628-1 of the French Commercial code

The accelerated safeguard procedure is subject to the regulatory provisions applicable to the safeguard procedure with the exception of articles R. 621-20, R. 621-26, R. 622-11, R. 622-13, R. 626-17, R. 626-18 and R. 626-22 and Section 3 of Chapter IV and subject to the provisions of this chapter.

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Article R628-2 of the French Commercial code

I. – In addition to the documents and information mentioned in Article R. 621-1, the request to initiate proceedings shall set out the evidence demonstrating that the draft plan meets the conditions set out in the second paragraph of Article L. 628-1. Proof of the support provided for in this text, collected from the parties affected, shall be provided by any means at the latest at the time when the…

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Article R628-4 of the French Commercial code

The conciliator’s report provided for by Article L. 628-2 is filed with the registry and communicated by the registrar to the debtor and the public prosecutor. It is supplemented by any information enabling the relevance of the draft plan to be assessed, in particular with regard to the economic and financial conditions for the continuation of the business set out in the draft plan, and the extent of the support…

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Article R628-7 of the French Commercial code

When the Public Prosecutor requests that the proceedings be terminated, he shall submit a request to the court setting out the facts in support of the request. The president of the court, through the clerk of the court, shall summon the debtor by registered letter with acknowledgement of receipt to appear within the time limit he shall set. To this summons shall be attached the request of the public prosecutor.

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Article R628-8 of the French Commercial code

Within ten days of the opening judgment, the debtor shall file two copies of the list of claims provided for by Article L. 628-7 at the court registry. The court clerk shall give one copy to the judicial representative. The list shall include the items mentioned in the first two paragraphs of article L. 622-25 and in the first sentence of article R. 622-5 as well as in 2° of…

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Article R628-9 of the French Commercial code

Within eight days of the list being handed over by the court clerk, the court-appointed agent communicates by registered letter with acknowledgement of receipt, or, where applicable, via the portal mentioned in Articles L. 814-2 and L. 814-13, to each creditor concerned the information relating to the claims held by it as they result from the list and brings to its attention the provisions of Article L. 628-7 and this…

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Article R628-10 of the French Commercial code

In the judgment initiating the proceedings, the court sets the date of the hearing at the end of which a decision will be made on the draft plan. Within eight days, the court clerk notifies the public prosecutor, the administrator and the judicial representative of the date of this hearing and convenes, by registered letter with acknowledgement of receipt, the debtor, the representatives of the staff delegation of the social…

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Article R628-11 of the French Commercial code

The debtor, the public prosecutor, the administrator or the mandataire judiciaire may apply to the court at any time to rule on the draft plan or to close the proceedings. When the matter is referred to him by way of a petition, the President of the Court shall have the debtor summoned by the Registrar by registered letter with acknowledgement of receipt. The public prosecutor, the administrator and the judicial…

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