The decision ordering reorganization shall automatically entail, from the date it is made until the
confirmation of the judicial composition or the conversion of the reorganization into assets
liquidation, mandatory assistance of the debtor for all the undertakings related to the
administration and disposal of assets. All acts taken in violation of this provision shall be
unenforceable against third parties.
However, the debtor may validly carry out alone conservatory acts and daily management duties,
which are parts of the usual company activities as practiced in the particular profession. He shall
report to the trustee.
If the debtor or the top executives of a legal entity refuse to perform any act necessary for the
safeguarding of the estate, the trustee shall act without delay. The same shall apply particularly
when he has to take protective measures or collect assets and due debts.
If authorized by the receiver, the trustee shall also proceed without delay to the sale of expensive
items for safeguard or items ready to wither away or subject to imminent depreciation. The
authorization of the receiver shall also be necessary bring any personal or real property action, as
a plaintiff or defendant.-
If the trustee refuses the debtor’s or the legal entity representatives’ assistance in the
performance of administrative acts or disposal, they shall, along with the controllers, compel him
to cooperate by a decision of the receiver obtained under the conditions provided for in articles
40 and 42, paragraphs 2 and 3 above.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 51
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 52 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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