Article R228-78 of the French Commercial code
In the case provided for in the second sentence of the first paragraph of Article L. 228-71, a ruling shall be made by order on a petition, not subject to appeal, of the president of the judicial court.
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In the case provided for in the second sentence of the first paragraph of Article L. 228-71, a ruling shall be made by order on a petition, not subject to appeal, of the president of the judicial court.
In the case provided for in Article L. 228-72, the decision of the board of directors, the management board or the legal representative of the company to overrule the refusal of approval by the general meeting of bondholders shall be brought to the attention of the bondholders in accordance with the procedures set out in the contract of issue. If the contract of issue does not provide for such procedures,…
In the cases provided for in article L. 228-73, the decision of the Board of Directors, the Management Board or the Executive Chairmen to disregard such decision shall be published in accordance with the conditions set out in the first paragraph of article R. 228-79.
Release of registrations shall be made by the representatives of the group of bondholders concerned. Except in the cases provided for in the contract of issue, the representatives of the group of bondholders may release the registrations, even without noting the repayment of the loan, if they have been authorised to do so by a decision of the general meeting of bondholders. Except in the case provided for in the…
In the event of the safeguard, reorganisation or judicial liquidation of the debtor company, notices and summonses intended for the bondholders shall be sent to the representatives of the general body of shareholders, as the case may be, by the legal representative of the company or the administrator or the judicial representative.
The agent responsible for representing the estate in the case provided for in Article L. 228-85 is appointed by the president of the commercial court ruling on a request. It produces the claim of the general body of creditors within fifteen days of its appointment.
In the event of compulsory liquidation, the certificates of account registration of bearer bonds or, where applicable, the documents evidencing such bonds shall be deposited with the liquidator within the time limit set by the official receiver.
For the application of 1° of article L. 228-99, where there are securities giving access to the capital, the company issuing new equity securities with preferential subscription rights reserved for its shareholders, if the rights attached to the securities giving access to the capital can only be exercised on certain dates, shall open an exceptional period to allow holders of rights attached to securities giving access to the capital who…
For the application of 2° of article L. 228-99, where there are securities giving access to the capital, the company making the free share allotment shall transfer to an unavailable reserve account the sum required to allot the free shares to holders of rights attached to securities giving access to the capital who would subsequently exercise their right in a number equal to that which they would have received if…
For the application of 2° of article L. 228-99, where there are securities giving access to the capital, the company making the distribution of reserves, in cash or in kind, or of share premiums, shall transfer to an unavailable reserve account the sum and, where applicable, retain the assets in kind necessary to remit to the holders of the rights attached to the securities giving access to the capital who…
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182, rue de Rivoli
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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