For the application of the provisions of sections 1 and 2 of this chapter, the statute of limitations for public prosecution shall run only from the date of the judgment opening the safeguard, receivership or compulsory liquidation proceedings where the incriminating acts occurred before that date. .
The criminal court is seised either on the prosecution of the public prosecutor or on the filing of a civil party action by the administrator, the court-appointed agent, the employees’ representative, the commissioner for the implementation of the plan, the liquidator or the majority of the creditors appointed as controllers acting in the collective interest of the creditors when the court-appointed agent with standing to act has not acted, after…
The public prosecutor may require the administrator or liquidator to hand over all deeds and documents held by them.
The costs of proceedings brought by the administrator, the judicial representative, the employees’ representative, the commissioner for the execution of the plan or the liquidator are borne by the Treasury, in the event of an acquittal. In the event of a conviction, the Treasury may only exercise its recourse against the debtor after the close of the judicial liquidation operations.
Sentencing judgments and rulings issued pursuant to this chapter shall be published at the expense of the convicted person.
I.-The following are subject to appeal or cassation: 1° Decisions ruling on the opening of safeguard or receivership proceedings on the part of the debtor, the pursuing creditor and the public prosecutor; 2° Decisions ruling on the opening of compulsory liquidation proceedings on the part of the debtor, the pursuing creditor, the social and economic committee or, in companies with less than fifty employees, the members of its staff delegation…
The decisions mentioned in 1° to 5° of I of Article L. 661-1, with the exception of 4°, are subject to third-party opposition. The judgement ruling on the third-party objection may be appealed and appealed to the Court of Cassation by the opposing third party.
Decisions adopting or amending the safeguard or recovery plan or rejecting the resolution of this plan are subject to third-party opposition. The judgment ruling on the third-party objection is subject to appeal and to cassation by the third-party objector. Third-party objections may not be lodged against decisions rejecting the adoption or amendment of the safeguard or reorganisation plan or pronouncing the resolution of that plan.
Judgments or orders relating to the appointment or replacement of the juge-commissaire are not subject to appeal.
I.-The following may only be appealed by the public prosecutor: 1° Judgments or orders relating to the appointment or replacement of the administrator, the judicial representative, the commissioner for the implementation of the plan, the liquidator, the auditors, the expert(s); 2° Judgments ruling on the duration of the observation period, on the continuation or cessation of the business. II.-Judgments relating to the modification of the administrator’s mission may only be…
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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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