(1) Any natural person who, in case of cessation of payments:
a) removes his books ;
b) converts or dissipates all or part of his assets ;
c) in his books or by any notarial or private deed or in his balance sheet,
fraudulently acknowledges debts which he does not owe ;
d) exercises the profession of trader in violation of the law ;
e) after cessation of payments, pays any creditor to the detriment of the
general body of creditors ;
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f) arranges with any creditor special benefits on account of his vote at
the deliberations of the general body of creditors or who concludes with
any creditor a special agreement from which the creditor would derive a
benefit to be borne by the assets of the debtor with effect from the date
of the decision to initiate proceedings, shall be guilty of fraudulent
bankruptcy and punished with imprisonment for from five to ten years
(2) Any individual trader who, during collective proceedings for
preventive settlement, legal redress and liquidation of property:
a) in bad faith, presents or permits the presentation of an income
statement or balance sheet or statement of claims and debts or a
statement of preferential claims and securities that is inexact or
incomplete;
b) without the authorization of the President of the competent court,
committed one of the acts prohibited by the Law organizing Collective
proceedings for Wiping Off Debts, shall also be punished as provided
for in Subsection (1) above.
Official text
Spot-checked
In force from 12 July 2016
Source page 124