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Article R642-11 of the French Commercial code

The administrator or, failing this, the liquidator shall report to the official receiver on the execution of the acts enabling the plan to be implemented in accordance with Article L. 642-8. When he has completed his assignment, he shall file an end-of-assignment report with the registry under the conditions of articles R. 626-39 and R. 626-40.Article R. 626-41 is applicable.

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Article R642-12 of the French Commercial code

The inalienability measure provided for in Article L. 642-10 is, at the behest of the administrator or, failing this, the liquidator, mentioned in the public registers in which the assets declared inalienable and the rights encumbering them are recorded. 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,…

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Article R642-13 of the French Commercial code

Where, pursuant to Article L. 642-10, the decision adopting or amending the plan orders the temporary inalienability of the transferee’s movable equipment and has become final, the administrator or, failing that, the liquidator, requests that the inalienability order be entered in the register provided for in Article R. 521-1.

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Article R642-17-1 of the French Commercial code

The court shall rule on the authorisation provided for in Article L. 642-10 at the request of the assignee. The decision is notified to the assignee and communicated to the public prosecutor by the registrar. It is subject to the appeals provided for against decisions amending the transfer plan.

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Article R642-18 of the French Commercial code

The liquidator points out, in a report sent to the juge-commissaire and the procureur de la République and filed with the court registry, the non-performance of the plan by the assignee. For the application of the second paragraph of article L. 642-11, the assignee is summoned by the court clerk by registered letter with acknowledgement of receipt to be heard by the court. The other persons called to the hearing…

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Article R642-19 of the French Commercial code

The court shall verify that the conditions required by article L. 642-12 are fulfilled and states in the judgment adopting the plan the securities whose charge is transferred. An extract of the judgment is sent by the registrar to the persons mentioned in Article R. 642-7.

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Article R642-20 of the French Commercial code

In the case provided for in the third paragraph of article L. 642-12, the assignee must inform the liquidator in advance of any planned disposal of an asset. He must also inform the court if the disposal was not envisaged when his offer was filed under the conditions set out in 7° of II of article L. 642-2. The liquidator, informed by the assignee under the conditions of the first…

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Article R642-21 of the French Commercial code

In a report sent to the juge-commissaire (official receiver) and the procureur de la République (public prosecutor) and filed with the court registry, the liquidator shall report any damage to the items leased under the management lease and any failure by the lessee-manager to perform his obligations. This report shall set out the tenant-manager’s observations and, where appropriate, propose solutions that would enable the plan to be implemented.

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