Restructuring in malis and voting in affected parties classes: are capital holders in the ejector seat? A look back at case law
October 7, 2024
Published in the Revue des Procédures Collectives, LexisNexis, April 2021
In this article, we examine the basis and relevance of the absolute prohibition, unless authorised by the public prosecutor, on the director of a company in judicial liquidation from bidding to take over its assets (known as a takeover at the bar). Our analysis is informed in particular by the reasons that justified the temporary lifting of this prohibition during Covid-19 (Order of 20 May 2020).
We consider a prohibition regime based on the director’s misconduct rather than on their mere status as a director.
October 7, 2024
March 9, 2024
March 13, 2026