Subsection 1: Referral to and decision by the court.

The application to open receivership proceedings is filed by the legal representative of the legal entity or by the individual debtor at the registry of the competent court.

Attached to this application, in addition to the annual accounts for the last financial year, are the following documents:

1° A statement of liabilities due and assets available, together with a declaration of cessation of payments. Where the business in difficulty is carried on by an entrepreneur who is a natural person, this statement is supplemented, where applicable, by a list of other claims for which payment is being pursued against the assets in question;

2° Where applicable, the unique identification number;

3° A cash flow statement dated less than one month;

4° The number of employees employed on the date of the application, determined in accordance with the provisions of article R. 130-1 of the Social Security Code, the name and address of each of them and the amount of turnover, defined in accordance with the provisions of the sixth paragraph of Article D. 123-200, assessed at the closing date of the last financial year;

5° A quantified statement of receivables and payables, indicating, as appropriate, the name or designation and domicile or registered office of creditors and, for employees, the total amount of unpaid sums;

6° An asset and liability statement of securities and off-balance sheet commitments;

7° A summary inventory of the debtor's assets or, if an asset has been allocated to the business in difficulty, of the assets allocated to the exercise of that business;

8° If it is a legal entity with members jointly and severally liable for the company's debts, a list of those members with their names and addresses;

9° The names and addresses of the representatives of the staff delegation of the social and economic committee entitled to be heard by the court if they have already been appointed ;

10° A statement on honour certifying the absence of an ad hoc mandate or conciliation procedure relating to the assets in question in the eighteen months preceding the date of the request or, if not, mentioning the date of the appointment of the ad hoc mandatary or the opening of the conciliation procedure as well as the authority that carried it out ;

11° Where the debtor practises a liberal profession subject to legislative or regulatory status or whose title is protected, the designation of the professional order or authority to which it belongs;

12° Where the debtor operates one or more classified installations within the meaning of Title I of Book V of the Environmental Code, the copy of the authorisation or registration decision or the declaration.

These documents must be dated, signed and certified as true and sincere by the applicant. Those mentioned in l°, 5°, 6°, 7° and 8° shall be drawn up on the date of the application or within the preceding seven days.

In the event that any of these documents cannot be provided or can only be provided incompletely, the application shall state the reasons preventing such production.