Section 2: Detection of business difficulties by the president of the court

In the case provided for in the first paragraph of Article L. 611-2 or where Article L. 611-2-1, the President of the Court shall have the Registrar summon the legal representative of the debtor legal entity or the debtor natural person by registered letter with acknowledgement of receipt and by ordinary letter, reproducing the terms of I of Article L. 611-2 and, where applicable, those of article L. 611-2-1, as…

In application of the second paragraph of article L. 611-2-1, the president of the court shall inform the professional body or competent authority to which the interested party belongs of the difficulties that have been brought to his attention that are likely to compromise the continuity of the professional’s activity. This note is sent by the Registrar to the legal representative of one or other of these bodies by registered…

The interview provided for in the first paragraph of Article L. 611-2, which is held without the presence of the court clerk, gives rise to the drawing up of minutes by the president of the court, which only mention the date and place of the interview and the identity of the persons present. The minutes are signed by the persons present and the president of the court. If the person…

The request for information provided for in the second paragraph of Article L. 611-2 is sent within three months at the latest of the date on which the summons is sent. It shall be accompanied by a copy of the letter of summons sent to the legal representative of the debtor legal entity or to the debtor natural person and the memorandum drawn up pursuant to Article R. 611-10. If…

For the application of II of article L. 611-2, the president of the court shall issue an order requiring the legal representative of the legal entity to file the annual accounts or the sole trader with limited liability to file the documents mentioned in the first paragraph of article L. 526-14 within one month of notification or service of the order, under penalty of a fine. This order sets the…

The court clerk shall notify the order to the legal representative of the legal person. The notification letter reproduces the provisions of the second paragraph of II of article L. 611-2 as well as article R. 611-15 and the first paragraph of article R. 611-16. If the letter is returned with a note stating that it has not been claimed by its addressee, the court clerk shall have the order…

Where the injunction to do so has been complied with within the time allowed, the case shall be withdrawn from the roll by the president of the court. Otherwise, the court clerk shall record the failure to file the accounts in an official report.

In the event of failure to comply with the injunction to do which he has issued, the president of the court shall rule on the liquidation of the astreinte. He shall rule as a last resort when the amount of the astreinte does not exceed the rate of jurisdiction as a last resort of the commercial court. The amount of the penalty imposed is paid to the Treasury and recovered…

The request for information provided for in the last paragraph of Article L. 611-2 is sent from the expiry of the period provided for in the first paragraph of article R. 611-13. It shall be in writing and accompanied by a copy of the order referred to in article R. 611-13 and the minutes referred to in article R. 611-15. If the request has been made in the form and…