Bankruptcy and protective reconciliation
Magistrate of the protective bankruptcy (743-787) the
first chapter – 1.4.4.1
ruling by opening conciliation procedures (743-756)
Section I – 1.4.4.1.1
asked Magistrate (743-752)
Article 743
may be a trader who disturbed his troubled leads to To stand for payment, to
file for bankruptcy protection, provided that he has not committed a fraud or serious error, and
that he has practiced trade continuously during the two years preceding the filing of the application.
Article 744
1. Anyone who has been dealt with by way of inheritance or wills may request reconciliation if they decide to
continue the trade
.
– The heirs and the heirs must request the reconciliation within three months from the date
The merchant’s death. If they do not agree unanimously on the request for reconciliation, the court shall
hear the statements of those who opposed them, and shall decide on the request in accordance with the interest of the concerned parties.
Article 745
1. Except for joint venture companies, the bankruptcy composition may be granted to each company
that meets the conditions set forth in article 743. However, it may not be granted to the
company in liquidation.
– The director of the company may not seek reconciliation without obtaining permission from the majority of
partners in solidarity and limited partnership companies, and from the
ordinary general assembly in other companies.
Article 746
The bankruptcy composition may be granted to the real company.
Article 747
During the execution of the composition, the debtor may not request another grant.
Article 748
The application for conciliation shall be submitted by a petition to the President of the court of competent bankruptcy, stating
the reasons for the disruption of his work and the proposals for conciliation.
Article 749 The
petition shall be accompanied by the following:
– Documents supporting the statements mentioned therein.
– A certificate from the Department of Commercial Register proving that the applicant has fulfilled the provisions
of this register during the two years preceding the request for reconciliation.
– A certificate from the Chamber of Commerce stating that the trade is continuously practiced during
the two years preceding the request for reconciliation. 4. Main business books.
– A copy of the latest budget and profit and loss account.
– A statement of the total personal expenses for the two years preceding the request for reconciliation.
– A detailed statement of the student’s movable and real estate funds and their approximate value when
requesting reconciliation.
– A statement of the names and addresses of creditors and receivables, the amount of their rights, debts and collateral
.
– A statement by the debtor that he has not previously been convicted of any of the offenses set forth in
article 755, paragraph 2, and that he has not previously obtained a conciliation
.
Article 750
If the application is for a company, it shall be attached, above the documents mentioned in
the previous article, a copy of the company’s memorandum of association, a
certified copy of its articles of association , documents proving the status of the applicant, and a copy of the decision of the
partners or the general assembly requesting reconciliation. The names,
addresses and nationalities of the joint partners .
Article 751
1. The documents mentioned in the preceding two articles shall be dated and signed by a student
If the petition cannot be submitted or its data is complete, the petition shall include the
reasons for this.
– The administration of the book shall prepare a record of receipt of these documents.
Article 752
The applicant for the composition of the peace shall deposit the treasury of the court
, which shall be considered by the President of the Court to meet the expenses of the proceedings, within the time specified by the President
.
The second branch – 1.4.4.1.2
achieve conciliation request (753-756 (
Article No. 753 The
Court will consider the request of the peace in the Shura room, after the deposit of the Secretariat provided for in the
preceding article. It may be ordered to take the necessary measures to maintain the
funds of the debtor until chapter in the application.
Article 754
1 -ajos Court may appoint a member of the public prosecutor to conduct inquiries on the status of
The debtor’s financial reasons for its turmoil and report so. 2. The court shall adjudicate a request for
conciliation urgently by a final judgment.
Article 755 The
court shall reject the application for conciliation in the following cases:
– If the applicant does not submit the documents and data provided for in articles
749 and 750, or submits them incomplete without legitimate justification, or they are incorrect.
– If the trader has already been convicted of a bankruptcy crime by fraud,
forgery, theft, fraud, dishonesty, embezzlement of public funds or
issuing a check that does not correspond to a sufficient balance to meet his value.
– If he retires from trade, closes his shop or flee. The court may
decide on its own to declare the bankruptcy of the merchant if the necessary conditions are met.
Article 756
1. If the court considers the application admissible, it decides the opening of the conciliation proceedings. The said
provision shall include :
– Appointment of the head of the chamber considering the request as a judge of the protective conciliation to supervise
its proceedings.
– the appointment of a sergeant or more to direct action, and shall be appointed from among the persons authorized to
practice the profession of directors Altfelicat, may not be the spouse of the debtor or soon or
Sra to the fourth degree, or a partner or using him or accountant to him , or
an agent with him during the previous three years Order Magistrate.
– Set a date for the meeting of creditors to realize debts and discuss proposals for reconciliation,
and this meeting must take place within the thirty days following the issuance of the judgment opening the
proceedings.
– The decisions issued by the judge supervising the peace may not be challenged unless
The law stipulates that it is permissible , or was the decision is beyond its competence, and shall apply to the
appeal provisions provided for in the second and third paragraphs of Article 639. The
second chapter – 1.4.4.2
judgment to ratify the conciliation (757-787 (
first branch – 1.4.4.2.1
procedures Magistrate (757 – 770)
Article 757 The
judge of the protective magistrate shall, within twenty-four hours from the date of the judgment for the
opening of the conciliation proceedings, close the books of the debtor and place the signature thereof.
Article 758
1.
for its issuance.
– and proceed with the sergeant, twenty – four hours of notification of the appointment, an
inventory in the presence of the debtor The court clerk.
Article 759
1. The censor shall, within five days from the date of notification of the appointment, record the judgment
opening the reconciliation procedures in the commercial register and publish his summary along with the invitation of
creditors to meet in the Official Gazette.
The censor shall, within the time specified in the preceding paragraph, send the invitation to the
meeting, together with the conciliation proposals, to the creditors whose addresses are known by
registered books accompanied by a receipt.
Article 760
1. The watchdog shall submit to the court clerks administration,
at least five days before the date specified for the meeting of creditors , a report on the financial situation of the debtor and the reasons for its disturbance
and opinion in the conciliation proposals.
– Any interested party may ask the protective magistrate to authorize him to review the
report of the censor.
Article 761
If, after submitting a request for conciliation, the debtor conceals part of its property or damages it or conducts
actions contrary to the provisions of article 768, the court may, on its
own motion or at the request of the Public Prosecution or the request of the censor, declare bankruptcy.
Article 762
1. Creditors shall meet under the chairmanship of the protective magistrate on the specified day. Each
creditor may designate him or her to attend the meeting. The agency may be in writing by
invitation to the meeting or by telegram.
– The debtor must attend the meeting himself, and may not delegate others except for
serious reasons accepted by the judge of the protective peace.
Article 763
1. The report of the censor and the
final proposals of the debtor concerning the composition shall be read at the meeting referred to in the preceding article .
– Each creditor shall release the amount of his debt and in writing, in support of the documents, and the debtor and each
creditor dispute in these debts. The Judge of the Peace Magistrate shall determine after hearing the statements of the
concerned parties and reviewing the documents submitted by each religion, which she described temporarily, provided that
the concerned parties shall have the right to submit the dispute to the competent court.The judgment shall
have no effect on the majority in which the peace was made.
– After the completion of the debts, the discussion of the peace proposals begins and the
vote is taken.
– If these procedures are not completed in one day, the session shall be deemed to continue until such time.
Article 764
Every ordinary creditor shall have the right to vote for reconciliation in full of his specified debt, even if a
portion of his debt is subsequently received from one of the obligors with the debtor or his sponsors.
Article 765
1. Creditors
holding in-kind insurance may not participate in voting on the reconciliation with their debts secured by the said insurances unless they depart from these insurances
in advance. It may be limited to disembark part of the insurance provided only less than what
corresponds to half of the debt, and stated down in the minutes of the meeting if the creditor was not authorized to
disembark from his family secured or some of it participated in the vote on conciliation, he considered going down
for the whole insurance.
– In all cases, the relinquishment of the insurance shall not be final unless the conciliation is decided
and ratified by the court. If the peace is nullified, the insurance covered by the descent is returned.
Article 766 The
spouse of the bankrupt or his relatives and in-laws to the fourth degree may not participate in the deliberations of the
reconciliation or vote on his conditions. If one of the advanced creditors mentioned them
After the judgment of the opening of the conciliation proceedings, the
assignee may not participate in the deliberations of the conciliation or vote on it.
Article 767
1. The composition shall be convened only with the consent of the majority of the creditors present or represented at the
meeting, provided that such majority shall hold two thirds of the debts specified in
accordance with Article 763 after the debts of the creditors who have not participated in the voting. If he does not
get one of these two majorities, the judge adjourns the meeting for 10 days, no
later than.
– Creditors who attended or were represented at the first meeting and signed the minutes of the
meeting may not attend the second meeting, in which case the decisions
taken and the approvals issued by them at the first meeting shall remain valid and effective at the meeting.
Second, unless they attend this meeting and amend it or the debtor amends his proposals for
conciliation between the two meetings.
Article 768
1. The debtor after the issuance of the judgment opening the reconciliation procedures shall remain in charge of the management of
his property under the supervision of the censor. He may perform all the normal actions required by
his commercial activity.
– Nevertheless, creditors may not protest against donations made by the debtor after the
issuance of the judgment for opening the conciliation proceedings. Nor shall the debtor, after the issuance of this judgment
, conclude a conciliation, mortgage or transfer of property not required by his
ordinary commercial activities except after obtaining the permission of the protective magistrate judge. Any action taken
otherwise would not be invoked against creditors.
Article 769 The
issuance of a judgment for the opening of protective measures shall not entail the term of the debt
Which the debtor has, and does not cease to take effect.
Article 770
1. The proceedings and all enforcement actions addressed to the debtor shall cease as soon as a judgment has been issued to
open the conciliation proceedings. Neither the debtors in solidarity with the
debtor nor its debtors shall benefit from this provision . Claims filed by the debtor and execution procedures
shall remain in force, and the censor shall be included therein.
– After the issuance of the judgment opening the conciliation proceedings, it is not permissible for the creditors to insist on recording the
mortgage and the concession rights prescribed on the debtor’s property.
The second branch – 1.4.4.2.2
signing of the peace and ratification (771-787 (
Article No. 771
signed a reconciliation statement at the meeting , which was the vote on conciliation, and only was null and void.
Article 772
may include the Magistrate granted the debtor to meet the deadlines of debt, as May contain
The debtor is discharged from part of the debt and the debtor remains committed to the part of the debtor
as a natural religion.
Article 773
1. Composition may be made on condition of payment if the debtor facilitates within a period specified by the conciliation agreement, provided that it does
not exceed five years from the date of its ratification.
– The debtor shall not be considered to be easier unless the value of its assets exceeds its debts by
at least 25%.
Article 774
Creditors may request one or more elephants to ensure the implementation of the terms of the composition.
Article 775
1. A record of what has been done at the conciliation hearing shall be signed by the judge, the sergeant, the debtor and the creditors
present.
– Before signing the minutes, a decision shall be issued to include in the record the appointment of a hearing before the
court to consider ratification of the composition, provided that the date of the hearing is not later than
Not more than twenty days from the date of signing the minutes.
Article 776
Every creditor who has not agreed to the composition shall have the right to attend the ratification session and to prove
his objection to it. The court shall, after hearing the statements of the debtor and the creditors present,
ratify the peace or refuse to ratify it.
Article 777
1. If the court approves the composition, it shall appoint from among the creditors an observer or
more to observe the implementation of the terms of the composition and to inform the court of violations thereof .
– This observer shall not be paid for his work.
Article 778
1. The court shall refuse to ratify the composition if the procedures provided
for in the preceding articles are not followed , or if there are reasons related to the public interest or the
interest of creditors that justify refusing to ratify the composition.
– The court may not decide on any application for the bankruptcy of the debtor until after it has
rejected the composition.
Article 779
1. The judgment of ratification of the composition shall be declared in accordance with the provisions of
article 569.
The summary in the Real Estate Registry Office shall entail the establishment of a mortgage on the property of the
debtor to guarantee the rights of the creditors subject to the composition, unless otherwise provided in the
conciliation agreement .
Registration in the Commercial Register shall entail the establishment of a mortgage on the debtor’s shop to guarantee the rights of the
creditors subject to the composition, unless otherwise provided for in the conciliation agreement
.
Article 780
1. The judgments of ratification of the composition may not be challenged.
– The debtor may appeal the judgment of refusal to ratify the composition within ten
days from the date of issuance of the judgment or notify it to him as the case may be.
Article 781
Ratification of the composition makes it effective against all ordinary creditors even if they do not approve
it or do not participate in its work.
Article 782
1. The debtors in solidarity with the debtor and his debtors shall not benefit from the composition. However
, if a reconciliation is signed with a company, it will benefit the partners who are responsible for all
their funds for the company’s debts.
– Reconciliation shall not apply to debts of alimony or to debts arising after the judgment of the
opening of the conciliation proceedings.
Article 783 The
court which has ratified the composition may grant the debtor, at his request and after hearing
Statements by creditors, in order to meet debts that are not applicable to the composition and which have
arisen before the judgment is issued for the opening of the proceedings, provided that the period granted by the
court does not exceed the time limit prescribed in the conciliation agreement. This provision shall not apply to alimony debts.
Article 784 The
ratification of the composition shall not deprive the debtor of the periods which are beyond the time
limit prescribed in the conciliation agreement.
Article 785
1 -abtal Magistrate if issued after the ratification of the conviction of the debtor in one of the
offenses set forth in article 798 and also invalidated if it appears after the ratification of
fraud arising from the concealment of the debtor ‘s assets or overestimate its debts, and in this
case must make peace within three Years of the date in which the fraud appears.
– The invalidity of the peace shall result in the discharge of the guarantor who guaranteed the implementation of the terms of the peace.
Article 786
1. If the debtor fails to fulfill the terms of the composition, it may be requested to cancel it. The
dissolution of the composition may also be requested if the debtor dies and it is found that he does not await the implementation of the terms of the composition.
– The dissolution of the peace shall not result in the discharge of the guarantor who guarantees the implementation of its conditions. The
guarantor shall be assigned to attend the hearing at which the application for revocation is considered.
Article 787
1. Within thirty days from the date of completion of the terms
of the composition, the Superintendent of Justice shall
request the court which has ratified the judgment to close the proceedings. This application shall be published in the manner prescribed in Article 759.
A judgment shall be issued to close the proceedings within thirty days from the date of publication mentioned in the
preceding paragraph. This provision shall be stated in the Commercial Register in accordance with the provisions of this
Register.
V section – 1.4.5
Bankruptcy and conciliation protective of it crimes (788-800 (
Article No. 788 is
considered bankrupt fraud, punishable by imprisonment for a term not exceeding five years, each
trader month declared bankrupt by virtue of a final, and proved that he committed after standing payment one of the
following actions:
– hid books or damaged by or others.
– embezzled part of his wealth or concealed.
– approved debt is due him and he knows that, whether signed a declaration in writing or
orally or in the budget or to refrain from submitting papers or clarifications.
– obtained conciliation by way of fraud.
Article 789
in the case of Issuance of a final judgment to declare a bankruptcy of a company
. More than five years, if it is proved
that after the company stopped paying, one of the following acts:
– Hide the books of the company or damaged or changed.
– They embezzled part of the company’s money or hid it.
– They acknowledged debts that are not due on the company and they know that, whether the declaration was signed in
writing or verbal or in the budget or by refraining from providing papers or clarifications.
– They got a special reconciliation company by fraud.
– Announce what is contrary to the truth about the subscribed or paid up capital, distribute dividends, or
take bonuses in excess of the amount stipulated in the
law or in the Memorandum or Articles of Association of the company.
Article 790
is considered bankrupt by default, and punished by imprisonment every merchant bankruptcy by a final judgment, and proved
that he committed one of the following acts:
– I agree exorbitant amounts on his personal expenses or expenses of his home.
– He did not hold enough commercial books to find out the reality of his financial position.
– Refrain from providing the data requested by the bankruptcy judge or its manager, or
deliberately provide incorrect data.
– Disbursed in his funds after he stopped paying for the purpose of excluding such funds from creditors.
– After stopping the payment of the debt of one of the creditors damaged the rest or decided
insurance or special benefits to one of the creditors detailed to the rest, even if so
with the intention of obtaining reconciliation.
– disposed of his goods less than their normal price with the intention of delaying his stay on payment or
bankruptcy or the dissolution of the peace, or resort to this purpose to resort to illegal means to
obtain money.
– Agree significant amounts in gambling or speculation other than what is required by his
business.
Article 791
In the event of a final ruling on the bankruptcy of a company, the members of its management, director
or liquidators shall be punished by imprisonment, if they are proved to have committed one of the following acts:
– They did not hold sufficient commercial books to determine the reality of the company’s financial position.
– Refrain from providing the data requested by the bankruptcy judge or manager,
or intentionally provide incorrect data.
– Acted in the company’s funds after stopping the payment in order to exclude these funds from
creditors.
– After fulfilling the company’s standing to pay the debt of one of the creditors, damaging the rest, or
they have decided to provide insurance or special benefits to one of the creditors in favor of the rest, even if
so with the intention of obtaining reconciliation.
– Behave in the company’s goods below the normal price in order to delay the company’s parking
For payment or bankruptcy or the dissolution of the peace, or resorted for these purposes to
illegal means to obtain money.
– Spend huge amounts in gambling or speculative activities other than what is required
by the company’s business.
– Participated in,
or endorsed , acts contrary to the law or the company’s Articles of Association or Articles of Association .
Article 792
If erected on the bankrupt or member of the board of directors of the company bankrupt , or its director or the
existing liquidation of criminal proceedings bankruptcy fraud or negligence or issued
sentenced to do so in accordance with the provisions of the previous four articles, remained civil suits
or commercial retains its independence from the criminal case, as the remaining procedures
relating to Bankruptcy acts as regulated by law without being referred to the court
Unless the law provides
otherwise.
Article 793
1. The bankruptcy manager shall be punished by imprisonment for a term not exceeding five years if he embezzles money for
bankruptcy while he is in charge of its management.
– Imprisonment shall be punishable by imprisonment if it intentionally gives incorrect statements relating to bankruptcy.
Article 794
Any person who steals or conceals money for bankruptcy shall be punished by imprisonment for a term not exceeding five years
, even if the person is a spouse of the bankrupt or his assets or branches. The court shall decide
on its own to refund the funds, even if the crime is acquitted. The court may,
at the request of the concerned parties, request compensation if necessary.
Article 795
Any creditor of a bankrupt who commits one of the following acts shall be punished by imprisonment:
– Increasing his debts to the bankrupt by fraud.
– Provided for himself with the bankrupt or with other special advantages in exchange for voting for the bankrupt
in the proceedings of the bankruptcy or in the peace.
– A contract with the bankrupt after stopping the payment of a secret agreement earns him special benefits to the
detriment of the rest of the creditors knowing that. The court shall, on its own initiative, invalidate the
said agreements in respect of the bankrupt and any other person, and the obligation of the creditor
to repay what he seized under the invalid agreement, even if the acquittal is rendered.
The Court may, at the request of the concerned parties, award compensation if necessary.
Article 796
Anyone who is filed in bankruptcy shall be punished by imprisonment by fraudulent debts in his name or on behalf of
others.
Article 797
1. The bankruptcy manager shall submit to the Public Prosecution all documents
, information, and clarifications requested.
– The documents and documents during the investigation or trial shall be kept by the
court clerks administration and shall be reviewed therein unless the court orders otherwise.
– The documents shall be returned after the end of the investigation or trial to the
bankruptcy manager in return for receipt.
Article 798 The
debtor shall be punished by imprisonment for a term not exceeding five years:
– If he intentionally conceals all or part of his property or overpriced for the purpose of
obtaining the protective composition.
– If he intentionally enables a creditor to be illusory or forbidden to participate in the peace or an exaggerated in his religion
to participate in deliberations and voting, or considers him deliberately to participate in it.
– If he deliberately omits to mention a creditor in the list of creditors.
Article 799 The
creditor shall be punished by imprisonment:
– If he deliberately overestimates his debts.
– If he participates in the deliberations of the peace or voting, knowing that he is legally prohibited from
doing so.
– If he concludes a secret agreement with the debtor, he shall gain special privileges, damaging the other creditors,
knowing that.
Article (800)
Whoever
is not a creditor and participates knowingly in the deliberations of the peace or voting shall be punished with imprisonment .
– Every sergeant intentionally gives incorrect data on the status of the debtor or endorsed such
data.
