The competent court which finds the debtor insolvent shall order receivership or liquidation
proceedings.
It shall order receivership proceedings where it appears to it that the debtor has offered a serious
composition proposal, otherwise, it shall order liquidation proceedings.
The court’s decision that finds that a company has suspended payments shall have an affect on
all the members whose liability is joint, several and indefinite for the company’s debts and may
order against each of the said members either receivership or liquidation proceedings.
The competent court may, at any stage of the proceedings convert the receivership proceedings
into liquidation proceedings where it appears that the debtor is not or is no longer in a position
to offer a serious composition proposal.
The decision of the competent court shall be subject to appeal. The appellate court that annuls
or quashes the decision of the trial court may decide to order receivership or liquidation
proceedings.
Official translation
Spot-checked
In force from 10 April 1998
Source page 17