The competent court shall rule on the matter, ex officio, namely based on information furnished
by the representative of the public prosecutor, auditors of legal entities governed by private law,
members of such legal entities or institutions representative of the staff who bring on information
susceptible for motivating such action.
The competent court may also be seized by the public prosecutor. In this instance, he shall
furnish all supporting documents for the petition.
The president of the competent court shall convene the debtor through a registrar’s notice served
by a bailiff’s writ or any other notification through any means proving reception in writing by the
addressee to appear before the competent court holding a hearing behind closed doors. The
notification shall contain a full reproduction of this Article, and failure to reproduce this Article
shall render such notification null and void.
Where the debtor appears, the president shall inform him of the facts motivating the court action
and shall note his comments. Where the debtor acknowledges the insolvency or the president is
deeply convinced that the debtor is in such predicament, he shall grant a time limit not exceeding
thirty (30) days to produce documents listed in article 26 above. The same time limit shall be
granted to members of a legal entity who are indefinitely, jointly and severally liable for claims
thereof. After such time limit, the competent court shall rule in open court.
Should the debtor fail to appear, the competent court shall rule in first public hearing and decree
a decision deemed adverse to the debtor.
Unofficial translation
Spot-checked
In force from 10 September 2015
Source page 40