The following shall be presumed to be fraudulent acts, unworkable negligent acts or serious
offences against the trade rules and practices:
1° the carrying on of a commercial activity or the exercise of the function of manager,
administrator, chairman, general manager or liquidator in violation of a prohibition as
provided for by the Uniform Acts or by the law of each State Party;
2° the keeping of accounts which are not in conformity with the accounting regulations and the
practices of the profession, having regard to the size of the company;
3° the buying for resale at lower prices with intent to delay the noticing that payments have been
stopped or the use of ruinous means with the same intent to obtain funds;
4° the entry into an engagement on behalf of a third party without any consideration that commits
the company or debtor to carry out some engagement which is considered too heavy at the
time of its conclusion, having regard to the situation of the company or debtor;
5° the wrongful continuation of loss-making operations which will only lead to the insolvency
of the company.
Official translation
Spot-checked
In force from 10 April 1998
Source page 61