French Commercial code
In forceI. - The President of the Court, at the joint request of the parties, shall record their agreement and give it enforceability. He shall rule in the light of a certified statement from the debtor attesting that he was not in suspension of payments when the agreement was entered into, or that the agreement puts an end to such suspension. The decision recording the agreement is not subject to publication and cannot be appealed. It terminates the conciliation procedure.
II. - However, at the request of the debtor, the court shall homologate the agreement reached if the following conditions are met:
1° The debtor is not in suspension of payments or the agreement reached puts an end to it;
2° The terms of the agreement are such as to ensure the continued operation of the business;
3° The agreement does not prejudice the interests of non-signatory creditors.
III. - When the president of the court establishes the agreement or the court approves it, he may, at the request of the debtor, appoint the conciliator as an agent for the execution of the agreement for the duration of such execution. In the event of difficulties impeding the execution of the agreement, the appointed representative shall submit a report without delay to the president of the court or to the court, as the case may be, which may then terminate the appointment by decision notified to the debtor. The latter may also, at any time, request the termination of this mission.
