Article R631-34-3 of the French Commercial code
November 5, 2023
The agent provided for in the second paragraph of Article L. 631-19-1 may be the court-appointed administrator.
The agent provided for in the second paragraph of Article L. 631-19-1 may be the court-appointed administrator.
The articles R. 626-7 and R. 626-8, relating to the consultation of creditors, and Subsection 4 of Section 1 of Chapter VI of Title II of this Book, relating to the settlement of public claims, are applicable to the receivership proceedings.
When the meetings referred to in article L. 626-3 have been called upon, in vain, to reconstitute shareholders’ equity which has fallen below half the share capital, the minutes of the deliberations shall specify, where applicable, the direction of the vote of each partner or shareholder. The attendance sheet is attached to these minutes.
The application made by the receiver in accordance with article L. 631-9-1 shall be made to the president of the court by summons from the company. The president of the court shall rule on this application by means of a summary order. The order sets the agenda for the meeting. It may be appealed.
For the application of article L. 631-9-1, meetings are convened and held in accordance with the non-contradictory provisions of Book II.
The articles R. 626-17 to R. 626-51, excluding article R. 626-18, the second and third paragraphs of article R. 626-20, and of article R. 626-22, are applicable to the receivership proceedings. The court clerk shall proceed with the summonses and notices mentioned in article R. 626-17 as soon as the draft plan has been filed at the court clerk’s office by the administrator. For the application of Article R. 626-48,…
Where, pursuant to III of Article L. 631-19 the administrator or the debtor provides for redundancies for economic reasons in his draft plan, he shall attach the following documents to the report filed with the court registry or produce them at the hearing: 1° The minutes of the deliberations of the social and economic committee consulted pursuant to Article L. 1233-58 of the Labour Code; 2° A copy of the…
Articles R. 626-52 to D. 626-65 are applicable to receivership proceedings. The administrator, with the assistance of the debtor, exercises the prerogatives vested in the latter.
Article R. 627-1 is applicable to receivership proceedings. The judicial representative exercises the functions devolved to the administrator by article R. 631-14.
Without prejudice to the application of the first two paragraphs of Article R. 642-40, the administrator shall notify the registry of the essential characteristics of the business or branch(es) of business likely to be transferred pursuant to Article L. 631-22. It shall set the deadline by which bids may be submitted to it pursuant to Article L. 631-13. Any interested party may inspect this information at the court registry. The…
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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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