As soon as the proceedings are opened, an inventory is drawn up of the debtor’s assets, which constitute the pledge of his professional creditors, as well as the guarantees that encumber him. This inventory, which is given to the administrator and the judicial representative, is completed by the debtor by mentioning the assets he holds that are likely to be claimed by a third party. The debtor-entrepreneur shall also list any assets held in connection with the business for which the proceedings have been opened that are included in another of his assets and which he may request to be repossessed under the conditions set out in Article L. 624-19.
The debtor shall provide the administrator and the mandataire judiciaire, for the purposes of carrying out their mandate, with a list of his creditors, the amount of his debts and the main contracts in progress. He shall inform them of the proceedings in progress to which he is a party.
The administrator or, if none has been appointed, the judicial representative may, notwithstanding any legislative or regulatory provision to the contrary, obtain communication from public administrations and bodies, provident and social security organisations, credit institutions, finance companies, electronic money institutions, payment institutions as well as services responsible for centralising banking risks and payment incidents, of information likely to give him accurate information on the debtor’s asset situation.
Where the debtor exercises a liberal profession subject to a legislative or regulatory status or whose title is protected, the inventory is drawn up in the presence of a representative of the professional association or competent authority to which, where applicable, the debtor is subject. In no case may the inventory infringe professional secrecy if the debtor is subject to it.
The absence of an inventory does not prevent the exercise of actions for revendication or restitution.
A decree in the Conseil d’Etat sets the conditions for the application of this article.