The note by which the president of the court informs the public prosecutor, in accordance with articles L. 631-3-1 or L. 640-3-1, is communicated to the latter by the court registrar. Where applicable, it is attached to the summons that the Public Prosecutor issues to bring the case before the court or to the summons sent to the debtor pursuant to article R. 631-4.
Judgments handed down by the court are pronounced in open court, with the exception of those rejecting the request to initiate one of the procedures provided for in Book VI of the legislative part of this code and those rejecting the homologation of the amicable agreement at the end of a conciliation procedure.
If funds owed to the debtor have been consigned to the Caisse des dépôts et consignations by third parties, the caisse transfers these funds with the rights, charges and registrations encumbering them to the deposit account opened by the court-appointed agent acting as administrator, plan execution commissioner or liquidator. The court-appointed agent is liable to the purchaser and creditors for the obligations arising from these securities.
The list of files that have been assigned to each of the persons to whom a mandate relating to the procedures governed by Book VI of the legislative part of this code has been entrusted, drawn up pursuant to Article L. 662-6, mentions, for each of the debtors concerned, its turnover and the number of its employees as defined by article R. 621-11.
The information provided for in article L. 662-6 are brought to the attention of the Keeper of the Seals, Minister of Justice, the public prosecutor at the courts that designated the persons concerned, the regional inspecting magistrate, the coordinating magistrate referred to in Article R. 811-40 and to the Conseil national des administrateurs judiciaires et des mandataires judiciaires, within two months of the end of each six-month period.
The official receiver shall rule on the application by which the judicial administrator, the judicial representative or the liquidator requests the authorisation provided for in Article L. 663-1-1 after having heard or duly summoned the owner of the assets that are the subject of the protective seizure and the debtor. The application is examined in the presence of the public prosecutor.
I.-A referral to the specialised commercial court pursuant to the third paragraph of Article L. 662-8 is pronounced ex officio by the president of the court seised, by reasoned order, after having heard or duly summoned the debtor and obtained the opinion of the public prosecutor. The clerk of the commercial court seised shall immediately forward the file to the president of the designated specialised commercial court, together with a…
No advance may be requested by the court clerk from a debtor who applies for the opening of receivership or compulsory liquidation proceedings.
The liquidator shall at any time, at the request of the juge-commissaire or the procureur de la République, submit a statement of foreseeable legal costs, which shall include: 1° Details of foreseeable disbursements and emoluments, with reference to the tariff provided for by law; 2° The foreseeable remuneration that the mandataire de justice will deduct from his remuneration for the benefit of an outside party under the mandate, pursuant to…
The orders of the official receiver, made pursuant to article L. 663-1, are notified by the registrar to the judicial representatives, the debtor, the Treasury and the public prosecutor. They may be appealed within one month of their notification, by declaration made to the court registry against a receipt or by registered letter with acknowledgement of receipt. The appeal is lodged, investigated and judged according to the procedure without compulsory…
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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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