Section 4: Conciliation procedure.

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.

The request referred to in the third sentence of the first paragraph of Article L. 611-7 is accompanied by the following: 1° The request for notice sent to the participating creditors, which reproduces the provisions of the first paragraph of article L. 611-7 and I of Article L. 642-2 and on which each creditor has mentioned its opinion or, failing this, a document justifying the request for an opinion; 2°…

In application of article L. 611-6, the debtor may request that the conciliator be challenged if the conciliator is in one of the following situations:

The application for disqualification shall be made within fifteen days of notification of the decision appointing the conciliator, by a document delivered to the court registry or by a statement recorded by the court registrar in the minutes. It shall state the reasons on which it is based and, where appropriate, be accompanied by documents capable of substantiating it. It shall suspend the proceedings until a final decision has been…