In case the court or the competent authority opens assets liquidation proceedings following the
conclusion of an confirmed or exequatur conciliation agreement, individuals who consented
therein to new cash contributions for the debtor so as to ensure the continuation of business
activities of the distressed company and its sustainability shall be paid with respect to the ranks
provided for in articles 166 and 167 hereinafter.
Individuals who furnished a new good or provided a new service so as to ensure the continuation
of business activities of the debtor company and its sustainability shall enjoy the same privilege
for the price of such good or service.
P. 22 of 139
This provision shall not apply to contributions consented for the share capital increase of the
debtor.
The creditors of the debtor may not benefit from this privilege for claims incurred prior to the
opening of the conciliation.
Without prejudice to the application of Article 5-10, the court or the competent authority called
upon to rule on confirmation or enforcement shall check in this case that the conditions above are
met and that the granting of such privilege is not detrimental to the interests of creditors not party
to the agreement. The decision of confirmation or enforcement of the agreement shall not
reproduce the content of the agreement, but shall mention such privilege and the amounts
guaranteed. It shall be notified by the court registry to the public prosecutor as well as to
creditors and contracting parties signatory to the agreement. It shall be published under the
conditions set forth in article 36 and 37 hereinafter. The publicity shall be carried out by the
conciliator, in accordance with Article 38 hereinafter.
By way of derogation from Article 5-10 above, the confirmation or enforcement decision taken
pursuant to this Article may be opposed before the competent court by any individual concerned
within 15 days of its publication. Where applicable, an appeal may be filed against the decision
within 15 days following the pronouncement of the decision.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 21
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 5-11 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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