The composition shall be annulled in case of fraud resulting from a concealment of assets or an
exaggeration of debts where the fraud was discovered after approval has been given for the
preventive settlement composition agreement or the recovery composition agreement.
The annulment shall, as of right, release the sureties who guarantied the composition agreement
except where they had knowledge of the fraud at the time they committed themselves.
The Legal Department shall alone have the discretion to institute an action for the annulment
of the composition agreement. Such action may be instituted only within a time limit of one
year following the discovery of the fraud.
Depending on the common interest of the creditors and workers, the competent court shall alone
have the discretion to order the annulment of the composition agreement.
Official translation
Spot-checked
In force from 10 April 1998
Source page 48