Article R631-28 of the French Commercial code
November 5, 2023
The articles R. 623-1 and R. 623-2 are applicable to receivership proceedings.
The articles R. 623-1 and R. 623-2 are applicable to receivership proceedings.
Articles R. 624-1, excluding the first paragraph, and R. 624-2 to R. 624-11 are applicable to receivership proceedings. The verification of claims is carried out by the mandataire judiciaire in the presence of the debtor or the debtor summoned, the administrator if his mission is to ensure the administration of the company and, where applicable, the designated auditors, present or duly summoned.
The debtor’s spouse shall be heard or duly summoned before any decision ordering or authorising the sale of community property. Where, in the course of the proceedings, the dissolution of the community existing between the debtor and his spouse becomes enforceable against third parties, that spouse shall be heard or duly summoned before any decision ordering or authorising the sale of undivided property.
Articles R. 624-13 to R. 624-16 are applicable to the receivership proceedings.
Articles R. 625-1 to R. 625-7 are applicable to receivership proceedings.
Where proceedings are pending before the industrial tribunal on the date of the judgment opening the receivership, the information relating to the subject matter and circumstances of the dispute and the supporting documents shall be sent by the judicial representative to the institutions mentioned in Article L. 143-11-4 of the Labour Code, brought before the industrial tribunal in accordance with article L. 631-18 of this code.
The articles R. 626-1 to R. 626-3, relating to the convening of meetings, are applicable to the receivership proceedings. However, for the application of Article L. 626-3, the administrator shall convene the meetings if the managers fail to do so. For the application of the third paragraph of Article L. 631-19, the affected party that intends to submit proposals shall send these to the debtor and the administrator, by any…
When the public prosecutor requests, pursuant to Article L. 631-19-1, that the adoption of the plan be made subject to the replacement of one or more directors, it shall refer the matter to the court by a request stating the facts in support of the request. The president of the court shall have the court clerk summon the director(s) of the legal entity whose replacement is requested, at least fifteen…
The administrator, if one has been appointed, or the judicial representative convenes the competent corporate bodies to deliberate on the request for replacement. The court rules on the plan in the light of these deliberations.
The agent provided for in the second paragraph of Article L. 631-19-1 may be the court-appointed administrator.
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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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