Paragraph 3: Special provisions for sale by auction.

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.