The preventive settlement expert shall appraise the situation of the debtor. For this purpose, he
may, notwithstanding any repugnant statutory or regulatory provision, obtain records from
auditors, accountants, employees’ representatives, public administrations, social security and
welfare agencies, banking or financial institutions as well as services in charge of centralizing
banking risks and incidents of payment, information that may give accurate information on the
financial and economic position of the debtor.
The expert shall report breaches to Article 11 above to the competent court.
He shall hear the debtor and the creditors and lend them his good offices to facilitate negotiations
between them so as to reach an agreement, based on the draft arrangement proposed by the
debtor at the outset of the opening request.
In the report provided for in article 13 hereinafter, the expert should disclose, for each creditor:
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whether he has been actually contacted and on which date;
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whether he has consented to a debt reduction or payment time extension and, where
applicable, how much or how long;
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Whether he has declined to grant time extension and debt reduction, and the reasons
thereof.
Unofficial translation
Spot-checked
In force from 10 September 2015
Source page 29