Bankruptcy Law

Creditors who are legal persons may delegate their power to declare claims to employees. Any employee holding a delegation of powers may declare the claim of the legal person, without this power being subject to the rules applicable to the mandate to represent a third party in court . A creditor company may justify the regularity of the delegation of powers to an agent to declare its claims until  …

Employees

Creditors who are legal persons may delegate their power to declare claims to employees. Any employee holding a delegation of powers may declare the claim of the legal person, without this power being subject to the rules applicable to the mandate to represent a third party in court . A creditor company may justify the regularity of the delegation of powers to an agent to declare its claims until the court rules on their admission, and not necessarily at the time of the declaration , by producing the documents that establish this, whether or not they have acquired a date certain . Nevertheless, the board of directors of a public limited company may, even if it does not represent the company, appoint an employee to declare its claims, with or without the option of delegation .

A declaration of claim made in the debtor's procedure by an employee is valid, even if the chairman of the board, the author of the delegation, has changed in the meantime, as long as the latter has acted in the name and on behalf of the company, and not in his personal name . A creditor who can prove an uninterrupted chain of authority up to the employee who has declared his claim cannot have his claim rejected . On the other hand, a statement of claim signed on behalf of an employee who holds a delegation of authority is irregular if it does not emanate from a person who is himself the beneficiary of such a delegation . Similarly, a claim declaration bearing an illegible signature is irregular where no justification is provided to establish that it emanates from the holder of the delegation of authority . Where the identity of the signatory of a statement of claim is disputed, the creditor legal person must establish that it is the employee whom it has invested with a delegation of authority for this purpose . The conclusions of a creditor cannot be used as proof of the authority of the person signing the statement of claim .

Cass. com., 14 December 1993, LawLex202100005617JBJ (RJ).

Cass. com., 11 June 2003, LawLex202100001055JBJ (RJ).

Cass. com., 14 December 1993, LawLex202100005617JBJ (RJ) et LawLex202100002272JBJ (RJ).

Cass. com., 28 September 2004, LawLex202100002924JBJ (RJ).

Cass. com., 15 March 2005, LawLex202100001035JBJ (S).

Cass. com., 8 March 2017, LawLex202100003327JBJ (RJ).

Cass. 1re civ., 1st April 2003, LawLex202100001128JBJ (RJ).

Cass. com., 29 April 2002, LawLex202100001126JBJ (RJ).

Bankruptcy Law

160. Employees

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160. Employees

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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