In the absence of a declaration by the representatives of the general body of creditors, a court decision shall, at the request of the judicial representative, appoint a representative to represent the general body of creditors in the receivership or liquidation proceedings and to declare the claim.
The representatives of the masse are consulted by the mandataire judiciaire on the terms of settlement of the bonds proposed pursuant to Article L. 626-4. They give their agreement in the sense defined by the ordinary general meeting of bondholders, convened for this purpose.
The costs incurred in representing bondholders during the company’s safeguard or receivership proceedings shall be borne by the company and shall be considered as judicial administration costs.
The company’s receivership or liquidation does not terminate the operation and role of the general meeting of bondholders.
In the event of closure due to insufficient assets, the representative of the estate or the appointed court-appointed agent shall recover the exercise of the bondholders’ rights.
Unless otherwise stipulated in the issue contract, the provisions of articles L. 228-46 to L. 228-69, L. 228-71, L. 228-72, L. 228-76 to L. 228-81 and L. 228-83 to L. 228-89 do not apply to companies whose borrowings are subject to a special legal regime, to borrowings guaranteed by the State, départements, communes or public institutions or to borrowings issued abroad by French companies.
Companies limited by shares may issue transferable securities giving access to the capital or entitling the holder to the allotment of debt securities. The issue contract may provide that these securities and the equity or debt securities to which these securities give entitlement may only be sold and traded together. In this case, if the security originally issued is an equity security, it does not fall within a specified category…
The issues of securities governed by article L. 228-91, which are equity securities giving access to other equity securities or giving entitlement to the allotment of debt securities, and issues of securities giving access to equity securities to be issued, are authorised by the Extraordinary General Meeting of shareholders in accordance with Articles L. 225-129 à L. 225-129-6. The Meeting votes on the report of the Board of Directors or…
A joint stock company may issue securities giving access to equity securities to be issued by the company that directly or indirectly owns more than half of its capital or by the company of which it directly or indirectly owns more than half of the capital. On pain of nullity, the issue must be authorised by the extraordinary general meeting of the company called upon to issue these securities and…
A société par actions may issue securities giving access to existing equity securities or giving entitlement to the allotment of debt securities of another company of which it does not directly or indirectly own more than half of the capital or of which more than half of the capital is not directly or indirectly owned by that other company. The terms and conditions of access to or allocation of these…
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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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