The cancellation of the composition may be pronounced:
1) in case of non-observance by the debtor of his bankruptcy commitments or time
extensions and debt reductions; however, the competent court, following the opinion of
the public prosecutor and the controllers, shall determine whether these breaches are
serious enough to definitively compromise the execution of the composition; and, in the
contrary, it may extend the payment deadlines which shall not exceed more than six (6)
months the extensions already granted by creditors;
2) when the debtor is prohibited, for whatever reason, from engaging in a professional
independent activity, a commercial, civil, handicraft or agricultural activity unless the
duration and nature of the said prohibition are compatible with the pursuance of the
business activity of the company under a leasing business contract, for the purposes of a
possible assignment of the company under satisfactory conditions for common interests;
3) when, in the case of a legal entity to which the composition is granted, the top executives
who have been declared bankrupt, resume the management of the legal entity de jure or de
facto; if these top executives have been prohibited from managing the company during the
execution of the composition, the latter shall be cancelled unless the top executives stop
performing the duties which have been prohibited; however, the competent court may
grant a reasonable deadline, which shall not exceed three (3) months, to replace those top
executives.
A creditor or controllers, party to the composition may file a petition with the competent court in
that regard; the said court may also examine the matter on its own after hearing or duly
summoning the debtor.
The cancellation of the composition shall not release the securities attached to collateral security
its full or partial execution.
Unofficial translation
Spot-checked
In force from 10 September 2015
Source page 87