Chapter II: Realisation of assets.

The offeror certifies that it does not fall under any of the incapacities provided for in the first paragraph of Article L. 642-3 and attaches, where it is required to draw them up, its annual accounts relating to the last three financial years and its projected accounts. Without prejudice to IV of Article L. 642-2, the offers and documents attached thereto shall only be communicated to the official receiver and…

The thresholds provided for in the second paragraph of Article L. 642-5 above which the debates relating to the approval of the sale plan must take place in the presence of the public prosecutor are identical to the thresholds set by article R. 621-11.

The persons called to the hearing at which the approval of the disposal plan is discussed are summoned in accordance with the procedures set out in article R. 626-17. Where the disposal plan provides for redundancies for economic reasons, the liquidator, or the administrator where one has been appointed, shall produce at the hearing the documents mentioned in article R. 631-36. The judgment adopting the plan indicates the number of…

The judgment adopting the business sale plan is communicated by the registrar to the persons mentioned in Article R. 621-7 and is advertised as provided for in article R. 621-8. It is served at the registrar’s request within eight days of the date of the judgment on persons other than the public prosecutor, the co-contractor or the lessor, who are entitled to lodge an appeal.

The request made pursuant to Article L. 642-6 is made by request of the assignee. The judgment amending the transfer plan is communicated by the registrar to the persons referred to in Article R. 621-7and mentioned in the registers provided for in the first four paragraphs of article R. 621-8. It is served by the court clerk within eight days of the date of the judgment on persons other than…

The persons called to the hearing at which the modification of the disposal plan is discussed are summoned in accordance with the procedures set out in article R. 626-17.

When the court is called upon to rule on the assignment of contracts mentioned in article L. 642-7, or to record the transfer of a security interest referred to in Article L. 642-12, the co-contractor(s) or the holder(s) of the security are summoned to the hearing, at least fifteen days before the date of the hearing, by registered letter with acknowledgement of receipt, by the court clerk on the instructions…

Where, pursuant to the fourth paragraph of Article L. 642-7 there is disagreement between the parties as to the value of the asset that is the subject of the leasing contract, the court shall set this value, if necessary after expert appraisal, in the sale plan or, failing this, at the request of either of the parties. Sums that remain due within the meaning of Article L. 642-7 are, on…

As soon as the acts of transfer have been completed, the liquidator or the administrator, where one has been appointed, shall report on them. This report shall be filed with the court registry.

The price of the transfer of the business is allocated by the liquidator in accordance with the provisions of the first section of chapter III of this title. Where the transfer relates to a business, the transferee may, after paying the price, apply to the official receiver to have the registrations encumbering the business cancelled; the provisions of article R. 642-38 shall apply. However, no proof of purge is required.