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Article R626-35 of the French Commercial code

The request for substitution of guarantees provided for in Article L. 626-22 is made by the debtor to the creditor in question. Failing the latter’s agreement, it may be requested from the court by petition. The court shall rule, after hearing the debtor, the creditor and the commissioner for the execution of the plan or after duly calling them. The debtor shall, at its own expense, proceed with the cancellation…

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Article R626-36 of the French Commercial code

After the payment to the Caisse des dépôts et consignations made pursuant to article L. 626-22, provisional payments may be made under the conditions defined in the second paragraph of Article L. 622-8. The plan execution commissioner distributes the price among the creditors, makes the payment and removes the registrations. In the event of the sale of an immovable, the price is paid after the purchaser has completed the formalities…

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Article R626-38 of the French Commercial code

The administrator shall report to the official receiver on the execution of the acts enabling the plan to be implemented in accordance with article L. 626-24. The mandataire judiciaire reports on his mission to the juge-commissaire, who terminates it, after noting the completion of the verification of the claims and the payment of the sums due to the employees pursuant to Article L. 143-11-7 of the French Labour Code.

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Article R626-39 of the French Commercial code

When the administrator or the mandataire judiciaire has completed his assignment, he shall file an end-of-assignment report at the court registry. Any interested party may examine it. When the judicial representative has been informed of the implementation of an administrative procedure for tax assessment, he shall inform the competent public accountants by registered letter with acknowledgement of receipt at least fifteen days before the date of such filing. This report…

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Article R626-40 of the French Commercial code

The end-of-assignment report includes: 1° The rendering of accounts as it emerges from the analytical edition of the mandate in the special accounts of the administrator or the judicial representative. The analytical classification distinguishes, by nature, between income and expenditure transactions; 2° Details of disbursements and emoluments received as agreed, with reference to the tariff provided for by law; 3° Remuneration that the judicial representative has deducted from his remuneration…

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