French Commercial code
In forceI. - In addition to the documents and information mentioned in Article R. 621-1, the request to initiate proceedings shall set out the evidence demonstrating that the draft plan meets the conditions set out in the second paragraph of Article L. 628-1. Proof of the support provided for in this text, collected from the parties affected, shall be provided by any means at the latest at the time when the judge rules.
When the debtor is not in cessation of payments and requests to be exempted from carrying out the inventory, this request replaces the elements provided for in the last sentence of the first paragraph of article R. 621-1.
For the application of 5° of Article R. 621-1, the request shall also specify the debts that have been the subject of negotiation under the current conciliation procedure.
Where applicable, the request specifies the date of cessation of payments.
Also attached are:
1° A copy of the decision to open the conciliation proceedings;
2° A financing table and, where the debtor draws up consolidated accounts, a cash flow table;
3° A cash flow budget for the next three months;
4° A provisional financing plan;
5° The draft plan referred to in the second paragraph of Article L. 628-1.
The documents provided for in 2° to 4° shall be dated, signed and certified as true by the debtor. They shall be drawn up on the date of the request or within the preceding seven days. If any of the documents cannot be provided or can only be provided incompletely, the application shall state the reasons preventing such production.
II. - Where the debtor requests the opening of proceedings whose effects are limited to the creditors mentioned in the third paragraph of Article L. 628-1:
1° The application to open the accelerated safeguard procedure shall set out, in addition to the information provided for in Article R. 628-2, information relating to the nature of the debtor's indebtedness;
2° Finance companies, credit institutions and similar institutions are those referred to in Article L. 511-1 of the Monetary and Financial Code, the institutions referred to in Article L. 518-1 of the same code, institutions operating under the freedom of establishment or the freedom to provide services in the territory of States party to the Agreement on the European Economic Area referred to in Book V of the same code and any other entity with which the debtor has concluded a credit transaction;
3° For the purposes of 5° of Article R. 621-1, the quantified statement of debts distinguishes between debts that will not be subject to the effects of the proceedings if they are opened and, among the others, those that have been the subject of negotiation under the current conciliation procedure.
