The order ordering the sale by amicable auction shall include, in addition to the information mentioned in Article R. 642-22, the statements required in 5° of Article R. 321-3 of the Code des procédures civiles d’exécution. It appoints the notary who will carry out the auction.
The notary informs the registered creditors listed on the statement issued after publication of the order by registered letter with acknowledgement of receipt that they are required to read the conditions of sale filed in his office at least two months before the date set for the auction and to have their comments and observations recorded therein at least one month before that date. By the same letter, the notary…
Before the opening of the auction, the notary shall be provided by the bidders with an irrevocable bank guarantee or a bank cheque in accordance with Article R. 322-41 of the code des procédures civiles d’exécution. Where the successful bidder defaults, the sum paid or the security provided is acquired for distribution with the assets realised. The notary points out that bids will start from the amount of the upset…
Within fifteen days of the auction, any person may make an overbid of the tenth by petition delivered or addressed to the registry of the enforcement judge of the judicial court within whose jurisdiction the notary who conducted the sale resides. The higher bidder shall denounce this request by bailiff’s deed to the person or domicile of the successful bidder within article R. 322-52 of the Code of Civil Enforcement…
If there is reason to reiterate the bids, the proceedings are continued before the enforcement judge of the judicial court within whose jurisdiction the notary who carried out the sale resides. An authenticated copy of the auction report shall be deposited at the registry of the enforcement judge of the judicial court.
Sales by amicable auction are subject to the provisions of articles R. 322-39, R. 322-41, third paragraph, R. 322-42, R. 322-44, R. 322-45, R. 322-46, R. 322-48, second and third paragraphs, R. 322-62, third and fourth paragraphs and R. 322-66 to R. 322-72 of the code des procédures civiles d’exécution.
The authorisation for the sale by mutual agreement of one or more properties, issued pursuant to article L. 642-18, determines the price of each property and the essential terms of the sale. The order is notified in accordance with the first paragraph of article R. 642-23. The liquidator signs the deeds necessary to complete the sale. He may not, in his capacity as agent, acquire the debtor’s real estate.
The official receiver shall rule on the sale after having heard the observations of the auditors and heard or duly summoned the debtor and his spouse where the latter is in one of the situations provided for in Article R. 641-30, as well as the liquidator.
The decision which, either in the judgment pronouncing the compulsory liquidation or subsequently, grants the periods mentioned in the penultimate paragraph of Article L. 642-18, sets the occupancy indemnity payable by the debtor.
Appeals against orders of the official receiver made pursuant to Article L. 642-18 shall be brought before the Court of Appeal.
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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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