LexInter | March 12, 2002 | 0 Comments

AMICABLE SETTLEMENT

Article L611-2
 When it results from any act, document or procedure that a commercial company, an economic interest grouping, or a sole proprietorship, commercial or craft is experiencing difficulties likely to compromise the continuity of operations, its directors may be summoned by the president of the commercial court to consider appropriate measures to redress the situation.
At the end of this interview, the president of the court may, notwithstanding any legislative or regulatory provision to the contrary, obtain communication from the auditors, members and representatives of the staff, public administrations, social security and welfare organizations. as well as the services in charge of centralizing banking risks and payment incidents, information likely to give him exact information on the economic and financial situation of the debtor.
CONTINUITY OF EXPLOITATION

 

Article L611-3
Without prejudice to the power of the president of the commercial court to appoint an ad hoc representative whose mission he determines, an amicable settlement procedure is instituted open to any commercial or craft enterprise which, without being in suspension of payments , experiences a legal difficulty. , economic or financial or needs that cannot be covered by financing adapted to the possibilities of the company.
The president of the commercial court is seized by a request from the representative of the company, which explains its financial, economic and social situation, the financing needs as well as the means to face them.
In addition to the powers assigned to him by the second paragraph of Article L. 611-2, the president of the court may instruct an expert of his choice to draw up a report on the economic, social and financial situation of the company and , notwithstanding any legislative or regulatory provision to the contrary, obtain from banking or financial establishments any information likely to provide accurate information on the economic and financial situation of the company.
The president of the tribunal opens the amicable settlement and appoints a conciliator for a period not exceeding three months but which may be extended by one month at most at the latter’s request.
AMICABLE SETTLEMENT

DOCTRINAL BIBLIOGRAPHY JURISPRUDENTIAL BIBLIOGRAPHY FULL TEXT JURISPRUDENCE
AMICABLE SETTLEMENT AMICABLE SETTLEMENT AMICABLE SETTLEMENT

AD HOC MANDATE

Save your business thanks to the ad hoc mandate, Garrouste, Frédérique, Option Finance, n ° 699, 07/22/2002, pp. 18-20

CONCILIATION

 

 

Article L611-4
I. – The president of the court determines the mission of the conciliator, the object of which is to promote the functioning of the company and to seek the conclusion of an agreement with the creditors.
II. – The president of the tribunal communicates to the conciliator the information at his disposal and, where applicable, the results of the expert appraisal referred to in the third paragraph of article L. 611-3.
III. – If he considers that a provisional suspension of proceedingswould be likely to facilitate the conclusion of the agreement, the conciliator may refer the matter to the president of the tribunal. After obtaining the opinion of the main creditors, the latter may issue an order pronouncing it for a period not exceeding the end of the conciliator’s mission.
IV. – This ordinance suspends or prohibits any legal action on the part of all creditors whose debt has its origin prior to the said decision and tending to:
1 ° To condemn the debtor to the payment of a sum of money;
2 ° At the termination of a contract for failure to pay a sum of money.
V. – It also stops or prohibits any enforcement action on the part of these creditors both on furniture and on buildings.
VI. – The deadlines set under penalty of forfeiture or cancellation of rights are, therefore, suspended.
VII. – Unless authorized by the president of the court, the order which pronounces the provisional suspension of the proceedings prohibits the debtor, on pain of nullity, from paying, in whole or in part, any debt arising prior to this decision, or from paying off the sureties who would settle debts arising previously, as well as to make an act of disposal foreign to the normal management of the company or to grant a mortgage or a pledge. This prohibition on payment does not apply to debts resulting from the employment contract.
VIII. –  When an agreement is concluded with all the creditors, it is approved by the president of the commercial court and filed with the registry.If an agreement is concluded with the main creditors, the president of the court may also approve it and grant the debtor the payment terms provided for in Article 1244-1 of the Civil Code for claims not included in the agreement.
IX. – The agreement suspends, for the duration of its execution, any legal action, any individual prosecution both on the movables and the buildings of the debtor in order to obtain the payment of the debts which are the subject of it. It suspends the time limits given to creditors on pain of forfeiture or cancellation of the rights relating to these creditors.
X. – In the event of non-performance of the commitments resulting from the agreement, the court pronounces the resolution thereof as well as the forfeiture of any payment period granted.
PROVISIONAL SUSPENSION OF PROCEEDINGS

 

 

FRIENDLY AGREEMENT
FRIENDLY AGREEMENT AND NOT INCLUDED DEBTS

 

 

Article L611-5
The president of the tribunal de grande instance may, under the same conditions as those provided for in Articles L. 611-2, L. 611-3 and L. 611-4, be contacted by the representative of any legal person governed by private law. He exercises the same powers as those assigned by these provisions to the president of the commercial court.
Article L611-6
Anyone who is called upon to reach an amicable settlement or who, by virtue of his or her duties, has knowledge of it is bound by professional secrecy, under the conditions and under the penalties provided for in articles 226-13 and 226-14 of the penal code.

 

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