As soon as the draft plan is filed with the registry by the debtor, the registrar convenes, by registered letter with acknowledgement of receipt, the debtor, the representatives of the staff delegation of the social and economic committee and the auditors. The public prosecutor as well as the administrator and the judicial representative are notified of the date of the hearing.
The court shall rule before the expiry of the periods provided for in Article L. 621-3. When a draft plan is not presented in due time, the court may be asked to close the proceedings by the public prosecutor, by any creditor or by the legal representatives. It shall rule, the debtor having been heard or called. The judgment of closure is notified to the debtor and is subject to…
The thresholds set pursuant to Article L. 626-9 beyond which the debates relating to the adoption of the plan must take place in the presence of the public prosecutor are those set out in article R. 621-11.
The judgment adopting the plan is communicated by the registrar to the persons mentioned in 3° of Article R. 621-7 and is the subject of the advertisements provided for in Article R. 621-8. If the plan is still in progress at the end of a period of two years from the date it was approved, the information relating to the procedure and the implementation of the plan shall, at the…
The judgment adopting or rejecting the plan is notified to the debtor and to the representatives of the staff delegation of the social and economic committee and brought to the attention of the public prosecutor and the legal representatives by the court clerk, within eight days of the date of the judgment. It is also notified by the registrar to any person required to execute it, in accordance with article…
When the decision rejecting the plan has become final and the provisions of the second or third paragraph of Article L. 622-10 have not been applied, the court shall refer the matter to itself for the purpose of closing the proceedings. It shall rule under the conditions of Article L. 626-9. The closing judgment is notified to the debtor and is subject to the publicity provided for in article R….
The court that decided on the plan remains competent to deal with the conditions of its implementation notwithstanding a change in the place of the registered office of the legal entity or the address of the business or activity of the individual debtor.
For the application of article L. 626-13, the debtor provides proof of the lifting of the cheque-issuing ban to the credit institution that initiated this measure by submitting a copy of the judgment adopting the plan, to which it attaches a statement of payment incidents. The credit institution that initiated the ban informs the Banque de France that the ban has been lifted so that it can be regularised.
The inalienability measure provided for in Article L. 626-14 is, at the behest of the plan execution commissioner, mentioned in the public registers in which the assets declared inalienable and the rights encumbering them are registered. Failing this, it is mentioned in the register provided for in Article R. 521-1 if the debtor is registered in the Trade and Companies Register, or, as the case may be, in the registers…
Where, pursuant to Article L. 626-14, the decision adopting or amending the plan orders the temporary inalienability of the debtor’s movable capital goods, and has become res judicata, the plan execution commissioner shall request that the inalienability measure be entered in the register provided for in article R. 521-1.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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