As soon as a debtor refers a matter to the private individual overindebtedness commission set up by French Polynesia or New Caledonia, it shall inform the Overseas Issuing Institute mentioned in Article L. 721-25 of the Monetary and Financial Code. The latter informs the Banque de France for the purposes of registration in the file mentioned in Article L. 751-1 of this code.
When, upon appeal by the interested party against the decision of one of these commissions, a situation of overindebtedness is recognised by the court of first instance or when the debtor has benefited from the cancellation of debts resulting from the personal recovery procedure instituted by the provisions applicable locally, the court registry notifies this decision to the Institut d’émission d’outre-mer, which informs the Banque de France.
The file lists the conventional recovery plan measures instituted by the regulations of French Polynesia or New Caledonia for the treatment of overindebtedness situations of private individuals. These measures are communicated to the Banque de France by the Institut d’émission d’outre-mer. The registration is kept for the duration of the execution of the conventional plan, without being able to exceed five years.
The file also records, where applicable, the measures imposed or recommended by these commissions if its conciliation mission fails. These measures are communicated to the Banque de France by the Institut d’émission d’outre-mer or by the registry of the court of first instance when they are subject to approval by this court. The registration is kept for the duration of the execution of these measures, which may not exceed five years.
When the measures of the agreed plan or those imposed or recommended by one of these commissions set up in French Polynesia or New Caledonia are executed without incident, the information relating to the particulars that led to their declaration are deleted on expiry of a period of five years from the signing of the agreed plan or the date of the decision of the commission imposing measures or when the measures recommended by the commission have become enforceable.
When, for the same person, a conventional plan and measures imposed or recommended by these commissions are prescribed successively, the registration is maintained for the overall duration of the execution of the plan and measures without being able to exceed five years.
For persons who have benefited from the personal recovery procedure provided for by the legislation in force locally, the information relating to the corresponding entries is deleted on expiry of a period of five years from the date of approval or closure of the procedure, as provided for by the country law in force in French Polynesia or by the specific provisions applicable in New Caledonia and regulating the excessive indebtedness of private individuals.