The competent court shall ratify the proposed judicial compositiononly where:
1) the conditions ofvalidity of the compositionare met;
2) there is no ground to believe that the common interest or public policy will likely hinder
the composition;
3) in case of reorganization of a legal entity, it shall no longer be managed by its top
executives whose replacement is proposed in the proposed composition or by the trustee
or against executives whom personal bankruptcy has been pronounced;
4) the composition shall offer substantial opportunities for the debtor company
restructuring, debt settlement and adequate collateralsecurities for its execution;
5) The conditions set forth in article 33-1 above are met where individuals benefit from a
privilege provided for in this Uniform act and secured amounts are expressly stated.
Unless otherwise provided, the confirmation of the judicial composition may not validate special
benefits as defined andsuppressedinarticles244and245hereinafter.Theextensions and reductions
granted by creditors, holders of special secured debts or general privileges under the conditions
set forth in articles 120 and 125 above shall not be deemed special benefits.
Nullity of the provision of special benefits shall not entail cancellation of the composition, subject
to the provisions of Article 140 hereinafter.
Unofficial translation
Spot-checked
In force from 10 September 2015
Source page 82