Individuals who are managers of corporate bodies subject to collective
proceedings and the permanent representatives of managing corporate
bodies who, in that capacity and in bad faith:
a) use or spend money belonging to the corporate body by carrying out
mere chance operations or fictitious operations ;
b) with intent to delay the establishment of cessation of payments by the
corporate body make purchases with the view to reselling them at lower
prices or, with the same intent, use ruinous means to obtain funds ;
c) after cessation of payments by the corporate body, pay or permit a
creditor to be paid to the detriment of the general body of creditors ;
d) cause the corporate body to make for others, without receiving
securities in exchange, commitments deemed too heavy in relation to
its situation when the commitments were made ;
e) keep, cause or allow the keeping of improper or incomplete accounts of
the corporate body under the conditions laid down in Section 332 above
;
f) fail to declare the situation of cessation of payments of the corporate
body at the Registry of the competent court within a period of thirty days
;
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g) with a view to hiding all or part of their estate from proceedings against
the corporate body in a situation of cessation of payments or those
against partners or members or creditors of the corporate body,
embezzle or conceal, attempt to embezzle or conceal a part of their
property or who fraudulently acknowledge debts that they do not owe -
shall be punished with imprisonment for from 1 (one) month to 2 (two)
years.
Official text
Spot-checked
In force from 12 July 2016
Source page 125