As soon as the reorganization and assets liquidation proceedings commence, the trustee shall inventory the debtor’s estate as well as security interests encumbering them either in the presence of the debtor or by sending him the inventory list by hand-delivered letter against a receipt or by registered mail with acknowledgement of receipt or by any means in writing.
When the debtor exercises a regulated liberal profession, the inventory shall be prepared in the presence of the representative of that professional order or the competent authority thereof. The inventory shall never compromise the professional secret if the debtor is subject thereof.
The debtor shall deliver to the trustee a list of its creditors stating the amount of their claims, their names and addresses, and the list of running contracts. He shall also state the current legal proceedings to which he is party.
While the inventory is underway, personal property forgotten during affixing of seals or extracts thereof shall be put together.
In reorganization, when there is plan to assign an asset, it shall be appraised prior to the assignment. In liquidation of assets, all assets shall be appraised at the same time as the inventory exercise.
If authorized by the receiver, the trustee may be assisted by any person of his choice in the preparation of an inventory and appraisal of assets.
Goods placed under customs inspections shall get a special reference if the trustee is aware of their existence.
When the reorganization and assets liquidation proceedings are initiated against a debtor after his death and no inventory was established, the inventory shall be prepared or continued in the presence of known or duly called upon heirs by hand-delivered letter against a receipt or by registered mail with request for acknowledgement of receipt or by any written means.
The public prosecutor may be present at the inventory.
The inventory list shall be prepared in duplicate copies: one shall immediately be submitted to the registry of the competent court; the other shall remain in the hands of the trustee.
In the event of liquidation of assets, once the inventory is completed, goods, cash, values, trade payables and debt securities, books and documents, furniture and the debtor’s possessions shall be delivered to the trustee who shall add them at the bottom of the inventory.
P. 56 of 139 The absence of inventory shall not preclude the exercise of actions for claims or refunds.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 55
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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