Bankruptcy Law

Under Article L. 622-4 of the Commercial Code, the debtor may perform “all acts necessary to preserve the rights of the company against its debtors and to preserve its production capacities”. These acts range from publicizing his appointment as sole managing director  to referring the matter to the interim judge for an in futurum expertise in order to confirm the existence of acts of misappropriation of customers to the detriment of the debtor company .

The text specifies that, as soon as he takes office, the receiver must request the debtor or, as the case may be, to carry out the protective measures himself. Whatever the mission entrusted to the receiver  - including in the case of a mission of representation - the latter has only a subsidiary competence in matters of conservatory acts, so that he is only required to intervene if the debtor summoned to act has remained inactive . The receiver also has only a subsidiary power to register mortgages, pledges, liens or privileges in the name of the company .

Cass. com., 7 February 1995, LawLex202100002253JBJ (RJ).

CA Douai, 30 January 2014, LawLex202200000702JBJ (RJ).

79. Preservation of the company's rights and preservation of its production capacities