The receiver shall ensure, under the authority of the competent court, regular and rapid progress of reorganization or assets liquidation proceedings, protection of the interests at stake and achievement of the objectives pursued.
The duties of the receiver shall be exclusive of exercise of any other jurisdictional assignment in the bankruptcy procedure for which he has been mandated.
The receiver shall collect all information he deems relevant. He may namely hear the debtor or the top executives of the legal entity, their subordinates, the creditor or any other person, including the spouse or known heirs of the debtor who died insolvent.
Notwithstanding anything to contrary in any other statutory or regulatory provision, the receiver may obtain information from auditors, accountants, staff representatives, administrations and public agencies, pension and social security agencies, banks and financial institutions as well as
services in charge of centralizing the banking risks and incidents of payment. He shall collect
information that may give him accurate economic, financial and social position of the company.
He shall also oversee the activities of the trustees and send progress reports to the competent court every three (03) month and any time, at the request of the latter.
The receiver shall report all dissents or disputes arising out of the bankruptcy procedure to the competent court.
The competent court may, at any time, replace the receiver and the trustee.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 45
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 39 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif/akn/ohada/act/loi/2015-09-10/aupcap-2015
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