Bankruptcy Law

Pursuant to Article L. 621-4(3) of the Commercial Code, the court designates, in the opening judgment, two judicial representatives, who are the legal representative and the receiver. It may even, on its own initiative or at the request of the public prosecutor or the debtor, and after having sought the debtor's observations if the latter has not made the request, appoint several legal representat …

Duality of the organs of the procedure

Pursuant to Article L. 621-4(3) of the Commercial Code, the court designates, in the opening judgment, two judicial representatives, who are the legal representative and the receiver. It may even, on its own initiative or at the request of the public prosecutor or the debtor, and after having sought the debtor's observations if the latter has not made the request, appoint several legal representatives or several receivers. The doubling of the bodies of the procedure is necessary when the company in question has fifteen secondary establishments registered in jurisdictions other than that of its registration .

Article L. 621-4(5) of the Commercial Code provides that the public prosecutor may submit to the court the name of one or more receivers and legal representatives, on which the court shall request the debtor's observations. Rejection of his proposal must be specially justified. The debtor may also propose the name of one or more receivers. When the proceedings are opened with respect to a debtor who benefits or has benefited from an ad hoc mandate or a conciliation procedure in the preceding eighteen months, the public prosecutor may also object to the appointment of the ad hoc mandate or the conciliator as receiver or legal representative. Nevertheless, the court may override the opposition of the public prosecutor . Consequently, a provisional receiver of a company during the 18 months preceding the opening of an insolvency proceeding may be appointed as a receiver in the context of the receivership .

C. com. L. 621-4-1. For an application, see CA Lyon, 14 November 2019, LawLex202100004397JBJ.

Cass. com., 31 January 2012, LawLex202100002191JBJ (RJ).

CA Aix-en-Provence, 4 July 2019, LawLex202100005355JBJ (RJ).

Bankruptcy Law

69. Duality of the organs of the procedure

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

69. Duality of the organs of the procedure

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise