Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Chapter 1: Conditions relating to the person of the debtor
Chapter 2: Conditions relating to difficulties encountered
Chapter 3: Extension of the procedure
Section 1: Referral to the court
Section 2: Compétence du tribunal
I: Hearings
II: Appointment of an investigating court
Section 4: Opening court ruling
Title 2: Observation period
Title 3: Drawing up an economic, social and environmental report
Title 4: Determination of debtor's assets
Title 5: Safeguard plan
Title 6: Accelerated safeguard
Part 3: Judicial receivership
Part 4: Court-supervised liquidation and professional recovery
Part 5: Responsibilities and penalties
62. Involvement of the public prosecutor in the case of a safeguard following a preventive procedure
1 minute de lecture
According to Article L. 621-1(5), of the Commercial Code, “[t]he opening of a safeguard procedure with respect to a debtor who benefits or has benefited from an ad hoc mandate or a conciliation procedure in the preceding eighteen months must be examined in the presence of the public prosecutor, unless the assets of a sole proprietor with limited liability are separate”. Failing this, the opening j …