Where receivership or liquidation proceedings of a company results in an insufficiency of assets,
the competent court may, in the case where a management error contributed to such insufficiency
of assets, decide, at the request of the Bankruptcy Trustee or even of its own motion that the
balance of the company’s debts will be borne in whole or in part, with or without joint and
several liability, by the manager or where there are more than one, all or some of the managers.
The Bankruptcy Trustee’s writ of summons shall be served on each manager implicated at least
eight days before the court session. Where the competent court is examining the matter on its
own motion, the President of the court shall have the court registrar summon them by any
extrajudicial act within the same period.
The competent court shall take a decision as soon as possible, after reading the report of the
Judge Administrator and hearing the managers in camera.
Official translation
Spot-checked
In force from 10 April 1998
Source page 59