The court shall rule on the opening of proceedings, after having heard or duly called in chambers the debtor and the person or persons designated by the social and economic committee.
In addition, where the debtor exercises a liberal profession subject to a legislative or regulatory status or whose title is protected, the court shall rule after having heard or duly called, under the same conditions, the professional order or competent authority to which, where applicable, the debtor is subject.
When the debtor’s situation does not reveal any difficulties that he would not be able to overcome, the court invites him to request the opening of conciliation proceedings from the president of the court. The court may, before making its decision, appoint a judge to gather information on the financial, economic and social situation of the company. This judge may apply the provisions of article L. 623-2. He may be assisted by any expert of his choice.
The opening of safeguard proceedings in respect of a debtor who is benefiting or has benefited from an ad hoc mandate or a conciliation procedure in the preceding eighteen months must be examined in the presence of the public prosecutor, unless the separate assets of a sole trader with limited liability are involved.
In this case, the court may, of its own motion or at the request of the public prosecutor, obtain communication of the documents and acts relating to the ad hoc mandate or the conciliation, notwithstanding the provisions of article L. 611-15.