When it is brought to the attention of the president of the court that the debtor is in a state of cessation of payments, the president informs the public prosecutor by means of a note setting out the facts on the basis of which the matter was referred to the court. Under penalty of nullity of the judgement, the president may not sit on the judgement panel or take part in the deliberations if the public prosecutor requests the opening of receivership or compulsory liquidation proceedings in respect of this debtor.