Article L692-6 of the French Commercial code
November 7, 2023
The official receiver shall record by order the creditors’ agreement referred to in paragraph 2 of Article 47 of the aforementioned Regulation (EU) 2015/848.
The official receiver shall record by order the creditors’ agreement referred to in paragraph 2 of Article 47 of the aforementioned Regulation (EU) 2015/848.
The insolvency practitioner in the main insolvency proceedings who proposes to give a commitment pursuant to Article 36 of the aforementioned Regulation (EU) No 2015/848 shall obtain the agreement of all local creditors affected by that commitment, including the guarantee institutions referred to in Article L. 3253-14 of the Labour Code. On this occasion, it informs each creditor concerned of the characteristics of its claim. The insolvency practitioner communicates the…
I.-The insolvency practitioner in the main insolvency proceedings shall apply to the president of the specially designated commercial court or the competent judicial court within whose jurisdiction the establishment is located for the purpose of verifying the conditions for approval of the undertaking. The undertaking may only be executed in accordance with the order issued by the president. II.-The opening of secondary insolvency proceedings may no longer be requested after…
The judgment which rules on the applications of local creditors seeking, on the basis of Article 36(9) of the aforementioned Regulation (EU) No 2015/848, provisional or protective measures to ensure compliance with the terms of the undertaking by the insolvency practitioner of the main insolvency proceedings may be appealed by that practitioner, the debtor in possession, the applicant local creditor and the public prosecutor. Where appropriate, the insolvency practitioner of…
I.-The jurisdiction of the court referred to in paragraph 2 of Article 13 of the aforementioned Regulation (EU) No 2015/848 shall be determined pursuant to 2° of Article L. 721-8 if the debtor carries on a commercial or craft activity. The judicial court within whose jurisdiction the establishment is located has jurisdiction in other cases. II.-If the debtor is in a state of suspension of payments and if the main…
A decree in Council of State shall specify the conditions of application of this chapter.
Any foreign creditor or his agent or representative of his choice and, where applicable, the insolvency practitioners appointed to represent the interests of creditors in insolvency proceedings opened in other Member States shall declare their claims under the legal conditions brought to their attention by the judicial representative appointed by the national court. The provisions of Article L. 622-26 shall apply to them. In the event of all or part…
For the purposes of implementing the stay of an asset realisation procedure referred to in b of paragraph 1 and paragraph 2 of Article 60 of the aforementioned Regulation (EU) 2015/848, the provisions of Article L. 692-4 shall apply. The insolvency practitioner appointed in insolvency proceedings opened by the court of another Member State may for that purpose lodge an appeal or third-party proceedings against the decision given by the…
Under Article 71(1) of Regulation (EU) No 2015/848, persons entered on the list of judicial administrators or judicial representatives pursuant to Articles L. 811-2 and L. 812-2 or an insolvency practitioner from another Member State. The provisions of the last three paragraphs of Articles L. 811-2 and L. 812-2 shall apply to insolvency practitioners from other Member States.
The court which has ordered the opening of the collective coordination proceedings shall decide on the coordinator’s request submitted in accordance with paragraph 6 of Article 72 of the Regulation and on the final statement drawn up pursuant to Article 77 of that Regulation. Article L. 663-1 shall not apply. The judgment on the final declaration may be appealed by any insolvency practitioner who has participated in the collective coordination…
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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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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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