Subject to the proceedings initiated by the third party opposition referred to in Article L. 611-10, and apart from the judicial authority, to whom the approved agreement and the expert report may be communicated pursuant to Article L. 621-1, the agreement may only be communicated to the parties and the persons who may rely on it and the expert report only to the debtor and the conciliator. The agreement may…
For the application of the second paragraph of Article L. 611-10-2, the debtor shall provide proof of the lifting of the ban on issuing cheques to the credit institution that initiated this measure by submitting a copy of the judgment approving the agreement, to which he or she shall attach a statement of payment incidents. The credit institution that initiated the ban informs the Banque de France that the ban…
The request for resolution of the recorded or approved agreement made pursuant to Article L. 611-10-3 is made by summons. All the parties to the agreement as well as the creditors in respect of whom it was made pursuant to the fifth paragraph of Article L. 611-7 or the last paragraph of Article L. 611-10-1 shall be called into question by the claimant, where applicable on injunction by the court….
When the initiation of conciliation proceedings is requested by an entrepreneur, the provisions of this section apply only to the assets that are the subject of the request. However, situations of incompatibility of the conciliator shall be assessed in consideration of all the assets of which the applicant is the holder.
The terms of remuneration of the ad hoc agent, the conciliator, the agent for the execution of the agreement and the expert mentioned in article L. 611-14 include the criteria on the basis of which it will be determined, its maximum amount and, where applicable, the amount or terms of payment of provisions.
The proposals made by the mandataire ad hoc or the conciliator to the debtor on the terms of his remuneration shall be attached to the request mentioned in Article R. 611-18 or at the request mentioned in article R. 611-22. The proposals made by the conciliator are forwarded without delay by the court clerk to the public prosecutor. The Chairman may only appoint an ad hoc representative or a conciliator…
The debtor’s agreement on the terms of remuneration of the mandataire ad hoc, the conciliator or the expert shall be recorded in writing prior to their appointment. It shall be appended to the appointment order.
If the mandataire ad hoc, conciliator or expert considers in the course of his mission that the maximum amount of remuneration set by the order appointing him is insufficient, he shall inform the president of the court. The president of the court shall set the new terms of remuneration in agreement with the debtor and after obtaining the opinion of the public prosecutor in the case of recourse to conciliation….
The court clerk notifies the order fixing the remuneration to the ad hoc agent, the conciliator, the agent for the execution of the agreement and the expert, as well as to the debtor. The decision taken in the event of recourse to conciliation is communicated without delay to the Public Prosecutor’s Office. An appeal may be lodged against it by the debtor, the mandataire ad hoc, the conciliator, the mandataire…
The terms of remuneration for the assignment, the purpose of which is to organise a partial or total sale of the company, are set after consultation with the public prosecutor. The president of the court sets the remuneration at the end of the assignment. His decision is communicated by the court clerk to the public prosecutor. The provisions of article R. 611-50 are applicable. When the assignment prepared as part…
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is a Registered Trademark of
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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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