Section 3: Classes of affected parts

The thresholds set pursuant to Article L. 626-29 are: 1° 250 employees and 20 million euros in net sales; or 2° 40 million euros in net sales. These thresholds are assessed on the date of the application to initiate proceedings.

Where the court has not appointed an administrator and the official receiver authorises the application of the provisions of articles L. 626-29 to L. 626-34, the official receiver shall appoint an administrator for the purpose of carrying out the duties vested in him by articles L. 626-30 to L. 626-34. .

The decision by which the juge-commissaire authorises the application of the provisions of articles L. 626-29 to L. 626-34 is a judicial administration measure. The decision by which the juge-commissaire authorises the application of the provisions of articles L. 626-29 to L. 626-34 is a judicial administration measure.

The administrator shall notify each affected party by any means that it is a member of a class and shall inform it of the arrangements allowing it to communicate by electronic means. Subject to the provisions of this section, the provisions of sub-section 5 of section 4 of Chapter IV of Title I of Book VIII shall apply. The use of these electronic communication methods constitutes consent to electronic transmission….

The debtor shall submit to the administrator without delay the list of claims and the amount of each of them, certified by its statutory auditor(s) or, where no statutory auditor has been appointed, drawn up by its chartered accountant. Where the holders of capital are affected by the draft plan, the list is supplemented by information relating to the terms of participation in the debtor’s capital, the articles of association…

For the application of the second paragraph of Article L. 626-30-1, the transfer of a claim arising prior to the opening judgment shall be brought to the attention of the administrator by registered letter with acknowledgement of receipt. .

I. – For the application of V of Article L. 626-30, the administrator shall determine the amount, calculated inclusive of all taxes, of the claims held by the members of the classes called upon to vote. I. At least twenty-one days before the date of the vote, the administrator shall notify each party affected, on the basis of V of Article L. 620-30, of the methods of class allocation and…

The status of affected party and the methods for dividing into classes and calculating the votes corresponding to claims or rights allowing a vote to be cast may be contested by each affected party, the debtor, the administrator, the mandataire judiciaire and the public prosecutor. The official receiver shall be informed of this challenge by petition within ten days of the notification provided for in the first paragraph of Article…

The administrator invites the court-appointed agent and the representatives of the staff delegation of the social and economic committee to present their observations to each of the classes before they decide on the draft plan.

Without prejudice to the provisions of articles R. 626-61 and R. 626-62, the director alone is competent to decide on the procedures for convening classes. He alone shall also be competent to decide on the procedures for the conduct of voting by the classes, with the exception of classes of holders of capital, which shall act under the conditions provided for in Article L. 626-30-2. If the Board decides, in…