Where protecting the debtor’s assets or the creditors’ interests is important, the competent court may, from the date of the decision of recognition of a foreign main or secondary bankruptcy proceedings, take, at the request of the foreign representative, any appropriate measures, including:
1) prohibit actions, procedures, execution procedures and individual judicial and extrajudicial proceedings with regards to the debtor’s assets, rights or obligations of the debtor or suspend such actions, procedures, execution procedures and prosecution insofar as such prohibition or suspension does not comply with point no. 1 °) of the first paragraph of Article 256-19 above.
2) prohibit or stay the judicial and extrajudicial execution procedures against the assets of the debtor, if such prohibition or suspension does not comply with point no. 2 °) of the first paragraph of Article 256-19 above.
3) stay the right to transfer the assets of the debtor, constitute securities on such assets or otherwise dispose of them insofar as such right has not been suspended pursuant to point no. 3 °) of the first paragraph of Article 256-19 above.
4) organize the interrogation of witnesses, collect evidence or provide information regarding the assets, the business, the rights or obligations of the debtor;
5) entrust the administration or the realization of part or all the assets of the debtor, situated in the territory of the competent court to the foreign representative or any other individual appointed by the said court;
6) extend measures taken pursuant to the first paragraph of Article 256-18 above;
P. 135 of 139
7) Grant any other measure that may be taken by the trustee pursuant to this Uniform act.
Effective on the date on which the decision of recognition of a main or secondary foreign bankruptcy proceedings was rendered, the competent court may, at the request of the foreign representative, entrust the distribution of all or part of the assets of the debtor situated in the territory of the competent court to the foreign representative, or to a trustee appointed by the latter, if it considers that the interests of creditors resident in its territory are adequately protected.
When granting a measure pursuant to this Article to the foreign secondary bankruptcy proceedings’ representative, the competent court must ensure that granted measures relate to assets which, pursuant to this Uniform act, should be administered in the foreign secondary bankruptcy procedure, or that the measure relates to information required in this procedure.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 134
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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Section 256-20 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif/akn/ohada/act/loi/2015-09-10/aupcap-2015
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