French Business Law - French Legislation

Article R626-41 of the French Commercial code

November 5, 2023

As soon as the judicial representatives’ end-of-assignment report has been filed with the court registry, the court clerk shall send the debtor, the auditors and the public prosecutor a detailed account of his emoluments, costs and disbursements drawn up in accordance with the provisions of Articles R. 743-140 to R. 743-157. This account is filed with the court registry and appended to that of the court-appointed agents. It is completed…

Article R626-42 of the French Commercial code

November 5, 2023

When the administrator’s and judicial representative’s end-of-assignment reports have been approved, the proceedings are the subject of a closure order issued by the president of the court. This decision is a judicial administration measure not subject to appeal. It is communicated to the persons cited in Article R. 621-7 and mentioned in the registers provided for in the first four paragraphs of Article R. 621-8.

Article R626-43 of the French Commercial code

November 5, 2023

Without prejudice to the provisions of article R. 626-51, the plan implementation commissioner shall make an annual report on the performance of the debtor’s commitments and on the payments and distributions that he has made. This report is filed with the court registry, communicated to the public prosecutor and made available to any creditor.

Article R626-44 of the French Commercial code

November 5, 2023

Where the replacement of the plan execution commissioner is requested by the public prosecutor or where the court is seised of its own motion for the same purpose, the interested party shall be summoned as appropriate in the forms and according to the procedure provided for in article R. 631-3 or R. 631-4. The request for replacement made by the plan execution commissioner is made by simple letter.The order made…

Article R626-45 of the French Commercial code

November 5, 2023

The request made by the debtor pursuant to article L. 626-26 or by the plan execution commissioner shall be made by petition. The court clerk convenes, by registered letter with acknowledgement of receipt, the debtor, the auditors, the representatives of the staff delegation of the social and economic committee who are designated in accordance with Article R. 621-2. The court clerk notifies the public prosecutor and the administrator in charge…

Article R626-46 of the French Commercial code

November 5, 2023

A copy of the judgment amending the plan is sent by the registrar to the persons mentioned in 3° of article R. 621-7. The judgment is subject to the publicity provided for in article R. 621-8.

Article R626-47 of the French Commercial code

November 5, 2023

In a report addressed to the president of the court and the public prosecutor, the plan execution commissioner points out any non-performance of the plan on the part of the debtor or any other person. The report sets out the debtor’s observations and possibly proposes solutions that would be likely to allow the plan to be implemented. The plan execution commissioner reports on his mission to the president of the…

Article R626-47-1 of the French Commercial code

November 5, 2023

To carry out the mission provided for in the first paragraph of I of Article L. 626-27, the plan execution commissioner shall refer the matter to the president of the court for the purpose of obtaining a writ of execution, if he does not have one. The president shall rule by order.

Article R626-48 of the French Commercial code

November 5, 2023

In application of I of Article L. 626-27, the matter shall be referred to the court for resolution of the plan by petition or, where applicable, in the form and according to the procedure provided for in Article R. 631-4. It rules under the conditions of Article L. 626-9, the commissioner for the implementation of the plan being heard or duly called and presenting his report in place of that…

Article R626-49 of the French Commercial code

November 5, 2023

For the application of III of Article L. 626-27, the administrator responsible for the execution of the plan shall send the court registrar the list of claims admitted to the plan, deducting, for each of them, the sums already collected. The Registrar shall enter this list on the statement of claims for the new proceedings. Under the same conditions, the claims entered on the list mentioned in Article R. 622-15…

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French Commercial code

Article R626-41 of the French Commercial code

Article R626-42 of the French Commercial code

Article R626-43 of the French Commercial code

Article R626-44 of the French Commercial code

Article R626-45 of the French Commercial code

Article R626-46 of the French Commercial code

Article R626-47 of the French Commercial code

Article R626-47-1 of the French Commercial code

Article R626-48 of the French Commercial code

Article R626-49 of the French Commercial code

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French Commercial code

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