When the survival of the debtor company so requires, the competent court, ex officio or upon the
trustee’s request, may subordinate the adoption of the judicial composition to the replacement of
one or several top executives with regards to point 3 °) of paragraph 1 of Article 127 above.
To this end, the competent court may, on the request of the trustee, decree the non-assignability
of equity interests, capital securities or securities giving access to capital, held by one (01) or
several top executives, de jure or de facto, salaried or not, and decide that the attached voting
right shall be exercised by the trustee or by a representative ad hoc appointed by the competent
court for a period which it shall determine. It may also order the assignment of these equity
interests, capital securities or securities giving access to capital, the assignment price shall be
fixed by experts.
For the application of this Article, the top executives and representatives of the company
committee, or failing that, staff representatives as well as creditor controllers and controller staff
representative shall be heard or duly summoned.
P. 83 of 139
The provisions of this Article shall not apply to a debtor engages in a regulated liberal
profession.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 82
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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