The decision ordering receivership proceedings shall as of right entail the compulsory assistance
of the debtor in every act concerning the administration and disposal of his property, from the
date of the said decision to the date of the decision to approve of the composition agreement or
the conversion of receivership proceedings into liquidation proceedings, otherwise the said act
shall have no binding effect.
However, the debtor may alone validly perform acts to safeguard his property and those acts
necessary for the daily management of the company and which are within the framework of the
habitual activities of the company, in accordance with the practices of the profession, provided
that he shall give an account of such acts to the Bankruptcy Trustee.
Where the debtor or the manager of the company refuses to perform an act which is necessary
to safeguard the estate, the Bankruptcy Trustee may on his own perform the act, provided that
he is so authorized by the Judge Administrator. The same shall apply, particularly where it
concerns taking preventive measures, recovering bills and payable debts, selling objects whose
preservation is expensive or objects about to perish or suffer from imminent depreciation and
instituting or following up of actions relating to movable or immovable property.
Where the Bankruptcy Trustee refuses to assist the debtor or the manager of a company in the
administration or disposal of his assets the latter or the Controller may compel him to do so by
obtaining an order of the Judge Administrator given under the conditions laid down in Articles
40 and 43 above.
Official translation
Spot-checked
In force from 10 April 1998
Source page 23