Bankruptcy Law

Corporate creditors may delegate their power to declare claims to agents. Any agent holding a delegation of powers may declare the claim of the legal entity, without this power being subject to the rules applicable to legal representation mandates which a third party may be invested with . A corporate creditor can justify the legality of the delegation of powers given to an agent to declare its cl …

Employees

Corporate creditors may delegate their power to declare claims to agents. Any agent holding a delegation of powers may declare the claim of the legal entity, without this power being subject to the rules applicable to legal representation mandates which a third party may be invested with . A corporate creditor can justify the legality of the delegation of powers given 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 which establish this, whether or not their date is publicly established . Nevertheless, the Board of Directors of a public limited company may, even if it does not represent the company, appoint a representative to declare its claims, with or without the option of delegation .

Even if the Chairman of the Board of Directors, who delegated the authority, has changed in the meantime, a claim declaration made by an agent to the debtor's procedure is valid, provided that the agent acted in the name and on behalf of the company, and not in his personal name . A creditor who can prove an unbroken chain of authority down to the employee who has declared his claim cannot have it rejected .

On the other hand, a statement of claim signed on behalf of an employee holding 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 if no justification is provided to establish that it emanates from the holder of the delegation of authority . When the identity of the person signing a debt declaration is disputed, the creditor legal entity must establish that it is the employee it has invested with a delegation of authority for this purpose . A creditor's submissions cannot be used as proof of the authority of the person signing the claim declaration . Lastly, a debt claim lodged by a creditor's agent is inadmissible if the sub-delegation of authority he or she is claiming provides for a set of technical, budgetary, administrative and personnel management powers, exclusive of the power to lodge a claim .

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

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

Cass. com., 12 July 2017, LawLex202100002298JBJ (LJ).

Cass. com., 14 December 1993, LawLex202100005617JBJ (RJ), 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., 1 April 2003, LawLex202100001128JBJ (RJ).

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

Bankruptcy Law

425. Employees

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

425. Employees

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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