Controllers shall assist the trustees in the performance of their duties and the receiver in his mandate to oversee the implementation of the reorganization or assets liquidation proceedings and to further the interests of the creditors.
P. 50 of 139 They shall always be entitled to verify the books and the state of affairs presented by the debtor, enquiry about the progress of the procedure, the trustee’s activities as well as proceeds and payments made.
Controllers shall be compulsorily consulted for the continuation of the business activity of the company while they are verifying claims and on the occasion of the realization of the assets of the debtor.
Without prejudice to privileges they enjoy pursuant to Article 72 hereinafter, controllers may inform the receiver on all disputes, who shall act in accordance with the provisions of Article 40 above.
The duties of controllers shall be performed pro-bono and personally by the controllers.
Controllers shall be liable for their misconduct.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 49
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 49 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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