Section 4: Conciliation procedure.

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.

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…