1. Mandatory Tables and Records

The following tables and records are to be maintained by the bankruptcy offices:

1.

A table of bankruptcies and letters rogatory addressed by other bankruptcy offices;

2.

A cash book;

3.

A great book;

4.

A book of trial balances.

2. Mandatory Forms

Bankruptcy offices are required to use uniform forms for the drafting of the following acts and documents:

1.

Minutes of the Bankruptcy;

2.

Inventory;

3.

List of productions;

4.

Convening of the meeting of creditors;

5.

Collocation status;

6.

Assignment of rights of mass, according to article 260 LP;

7. ¹

Notice of Auction, under section 257 LP;

8.

Account for the costs and distribution table of the funds;

9.

Notice of filing of distribution table to creditors and bankrupts;

10.

Act of Default of Property;

11.

List of disbursements and emoluments

12.

... ²

13.

Publications relating to the opening of the bankruptcy, the filing of the state of collocation, the revocation, the suspension and the closure of the bankruptcy.

3. Templates

¹ The registers, tables and forms listed in Articles 1 and 2 above shall be drawn up in accordance with the models contained in the attached supplement ¹ To this order.

² The cantons also have the power to authorise or prescribe other forms (minutes of auction, opinions, etc.).

4. Bankruptcy Tables

¹ The Bankruptcy Office must register and number according to the order of their arrival the bankruptcies and letters rogatory in the Bankruptcy table. Numbering must be started again at the beginning of each year. Bankruptcies not fully liquidated at the end of the year must be summarized at the beginning of the following year's list.

² The Bankruptcy Table is equipped with an alphabetical index where the names of bankrupts are recorded.

5. Communications, Receipts and Publications

¹ The Office shall pay to its records a copy of all its communications. ¹

² Shipments of cash or securities, as well as the recommended letters, must be sent against a postal receipt, or entered on a mail order book.

³ Where the Office's communications are made by a Publishing Official, a copy of the newspaper or a cut of the newspaper bearing the date of publication shall be annexed to the acts of the bankruptcy.

6. Acts and Minutes of Replacement

¹ Where the Bankruptcy Agent is Prevented To function, it must transmit the file to its Substitute. If the latter cannot function, and there is a need to designate a Extraordinary substitute , the agent invites the cantonal authority to proceed with this designation.

² Bankruptcies liquidated by the substitute are nevertheless recorded in the bankruptcy table of the Office. Mention is made in the column of the administration's observations by the substitute or by an extraordinary substitute, as well as the reasons for the replacement.

³ The substitute must mention its quality on all the acts it signs. After the closure of the bankruptcy, it shall deliver the documents and the minutes to the competent office.

7. Furnishing of the Office to the new Attendant

¹ When a change of agent is made, a Official discount Under the direction of an official designated by the cantonal supervisory authority. All records will be stopped and countersigned by the incumbent. The audit of the Office's accounts will then be carried out; the existing balance in cash must be reconciled with the total of the accounts opened to the various bankruptcies, after deducting the amounts deposited at the consignments fund. Mention shall be made in the registers of the date on which the outgoing official ceased his activity and the date on which his successor has entered office.

² Minutes of the official surrender of the Office shall be recorded; this record shall be signed by all persons who attended the proceedings.

Minutes of the Bankruptcy

A. General

¹ The agent keeps up to date with Minutes Separate, for each bankruptcy, even for those whose suspension due to lack of assets is pronounced; it will do so for all the letters rogatory addressed to it by other offices.

² The minutes shall be drawn up at the beginning of the bankruptcy or upon receipt of the letters rogatory. The clerk shall immediately and by order of date record all the operations of the bankruptcy, as well as the events of nature to react on the liquidation.

B. Enrolment

Minutes indicate only the parties Essential Transactions and events relating to bankruptcy, to the extent necessary to ensure that the minutes are understood and probative. The Office's communications are mentioned only if they have a Legal scope. The decisions, orders or judgments rendered by the courts are referred to in the Device Only. In addition, the number of the act to which the statement relates must be indicated in the column in question.

C. Form, annexes and retention of minutes

¹ The minutes are written on flip charts that will be paginated and connected by means of a cover bearing the name of the bankruptcy. It shall be closed by the signature of the servant and by the sealing of the seal of the Office.

² ... ¹

³ The minutes shall be annexed to the minutes to form an integral part: the inventory, the list of productions, the account of costs, the minutes of the meetings of creditors and of the Supervisory Committee, the reports of the administration of the Bankruptcy and court decisions closing or revoking the bankruptcy. ²

⁴ Documents relating to a rogatory commission shall be sent by the Office required to the requesting Office. ³

D. Production ²

The Major acts Of the bankruptcy, that is to say the minutes and the documents annexed thereto to form an integral part of Article 10 above, may be given to third parties or to courts only if it cannot be supplemented by certified copies Or the personal hearing of the administrator of the bankruptcy.

Eligibility

With the consent of the cantonal supervisory authority, offices may keep the tables and registers referred to in Article 1 ^Er And establish the acts and documents referred to in Article 2 and the communications under Article 5 by means of electronic data processing.

1. Ordering and numbering of coins ¹

¹ All documents received by the bankruptcy office will be immediately provided with the date of their arrival. ²

² Subject to the provisions of Articles 21 and 24, 2 ^E Paragraph, concerning the discharge and disbursements, the acts of any bankruptcy must be classified by material (inventory, claims, elusive objects, state of collocation), stored-in each subject-in alphabetical order or In chronological order and in a filing cabinet bearing the name of the bankruptcy. ³

³ The schedules filed by the creditors of the bankruptcy will bear the number of the production to which they relate; they are classified using the letters of the alphabet.

2. Retention

A. Acts

¹ The pieces of closed bankruptcies may be destroyed ten years after the day of the closure; may also be destroyed, ten years after their closing, the books of cash with their annexes, the large books and the books of the scales of Verification.

² The chart of bankruptcies must be kept for 40 years after the closure of the bankruptcies.

B. Debts and business papers of the bankrupt

The Bankruptcy Office must observe the following rules concerning the preservation of the bankrupt's books of accounting and business papers:

1.

If the bankrupt's business has been turned over to a third party, the third party may require it to be furnished by the Office.

2.

If there has not been a block and thus the books of accounting and business papers could not be handed over to a third party, the following should be done:

A. ¹

In the case of the bankruptcy of an individual reason, the books of accounting and business papers shall be given to the bankrupt after the closure of the bankruptcy; the bankrupt shall, from that time, assume the obligation to keep them for ten years, at the content of the article 962 of the Code of Obligations ² .

B.

In the case of the bankruptcy of a partnership or a limited partnership, they are returned to the associate indefinitely chosen by co-partners to receive the deposit. If they are unable to agree on this choice, the books and business papers shall remain in the Office until such time as a court decision has given them to one of them, or until the expiry of the ten-year period from the date of the Last entry.

C. ³

In the case of the bankruptcy of an anonymous company or a cooperative corporation, the books of accounting and business papers shall remain filed with the Office after the close of the bankruptcy, as long as the competent trade registry operator Article 747 of the Code of Obligations has not designated another safe place where they will have to be deposited until the expiry of the ten-year period.

3.

The bankruptcy office has an obligation to provide custody of the books and papers of which the bankrupt is unable to perform.

4.

The cantonal supervisory authorities have an obligation to ensure that the bankruptcy offices, which are not in a position to keep the books of accounting and business papers entrusted to their custody under the rules, by deverse Above, may hand them over to a central repository.

3. Record on image or data media ²

¹ With the agreement of the cantonal supervisory authority, the parts which must be kept can be stored on image or data carriers; the originals can then be destroyed. ³

² The cantonal supervisory authority shall ensure that the requirements of the order of 2 June 1976 ⁴ Concerning the registration of the documents to be kept are respected.

1. Cash Book

¹ The Bankruptcy Office must register without delay and by order of date on the Cash book All cash receipts and all payments made by the Office for the account of a bankruptcy in liquidation, and in particular the costs of bankruptcy (advances and balances), the cash found in the inventory, the receipt of receivables, rents and The public auction proceeds, the levies of the Office on account of the bankruptcy fees, the deposits or withdrawals at the credit union of the consignments and the distribution of the dividends.

² Each entry must include: the date of payment, the indication of the bankruptcy, the name and residence of the person paying or receiving the amount of the cash received or paid (the first to the Must and the second to the Equity), and the account number Corresponding to the general ledger.

³ The cash book must be stopped each month and the balance carried forward again.

2. Ledger

A. In general

¹ It is open on the Ledger Of the Office a special account for each bankruptcy. The clerk shall record all the cash transactions relating to that bankruptcy, as they were placed in the cash book, in the order of date; this account will be terminated at the end of the liquidation.

² These entries must include: the date of payment, the name and address of the person who operated or received payment, the summary indication of the cause of payment, the reference to the corresponding folio of the cash book, and the amount of the sum Cashed or paid (first to Equity, second to Must). If multiple positions are combined in a single cash register, they must be transcribed in detail.

B. Deposition Account

¹ The Office must also keep a special account of its Transactions with the logger; It must register, mentioning the name of the bankruptcy that this applies to, all deposits (to the Must) and all withdrawals (to the Equity), as well as interest enhanced.

² Payments to the credit union are made in the name of the mass on whose behalf they are made, not on behalf of the Office; the consignment fund is therefore required to open a special account for each bankruptcy.

3. Book of scales of verification

¹ At the end of each month, the operator is required to Accounting verification (art. 16, 3 ^E Al.). The totals of the Must and the Equity and the balances of each account shall be charged to the Scales of verification. The attendant signs at the foot of the scale. The balance of verification shall establish the agreement between the entries in the cash book and the general ledger, as well as the concordance of the cash balances and the deposit account with the entries placed in the cash register and the large Book.

² This agreement between the entries placed at the credit union and the ledger will be considered as existing when the addition of all the balances of the accounts opened to the bankruptcies on the general ledger, reduced by the balance of the deposit account, will correspond to the Cash balance. If the Office finds an error in the accounting, it must search for it and correct it before deferring the balance again.

4. Writes and Corrections

The entries in the book book, the ledger and the book of scales will be made with care, avoiding the ratures, the overloads, the inscriptions between the lines and the white. The correction of erroneous entries shall be made by means of supplementary entries or extollers.

5. Quittances

¹ The Quittances (see art. 16) may be filed separately for each bankruptcy, in order of date, in a special file bearing the name of the bankruptcy and annexed to the file after the close of the bankruptcy.

² They may also, without being classified separately for each bankruptcy, be numbered in order of date, in accordance with the order in the Office Book of the Office; this numbering is repeated each year and the Basses formed year by year.

³ In the first system the serial number recorded on each release is carried over to the general ledger, in the second system it is deferred to the cash book.

6. Deposits

¹ The Office shall have the obligation to deposit consignments, not later than the fourth day after receipt, to all major cash receipts, as well as securities and price objects (Art. 9 and 24 LP). It may, however, retain sufficient funds to meet future expenditures. The deposit of the cash must take place, even if it was not to be of interest.

² In the case of letters rogatory, the Office required shall be required to furnish without delay to the Office requesting the cash cashed, the securities and the price objects inventoried.

7. Duty to keep caisse and separate accounts

He is Forbidden Attendants:

A.

To combine their own staff with that of the Office, both in the case of the credit union itself and in the case of deposits at the register of consignments;

B.

To enter, in the case where they still perform other official duties, in the cashier's book or the general ledger, entries which do not relate to the Office of Bankruptcy, unless these different entries are made in Special columns;

C.

To use the sums from another mass even temporarily, for the needs of a mass in bankruptcy. If the agent is required to make personal advances on behalf of a bankrupt estate, he or she must immediately enrol in the cash book.

8. Fees and disbursements account

¹ The Office shall establish from the beginning of the operations, for each rogatory commission, a detailed account where the Emoluments And Disbursements Of the Office and of the members of the Supervisory Committee.

² The accounting documents relating to disbursements (cost of mass) shall be numbered in the order of date, collected in a bundle and kept together with the other acts of the bankruptcy, after the end of the liquidation.

9. Other Organization Mode

The cantonal supervisory authority may authorise another method of organisation in the keeping of books, cash and accounts in so far as it meets the above requirements.

1. Inventory

A. General rules

¹ L ' Inventory Must contain, in separate chapters, but according to constant numbering: buildings, moveable objects, securities, various claims and claims and cash. The total estimate for each of these categories is calculated at the end of the inventory. If there is no property to be recorded in any of these categories, reference is made in the final summary.

² The inventory can also be compiled by enumerating the assets following each other without making separate classes.

³ The inventory must indicate in respect of each object the place where it is located (district of bankruptcy, commune, premises).

B. Real property

¹ The inventory of Buildings , with a reference to the rights of third parties, shall be drawn up on the basis of an extract from the land register; it shall be permissible to replace the detailed inventory with a reference to that extract.

² If the buildings have been leased or on-farm, indications concerning the identity of the tenant or farmer, the duration of the contract, the amount of the rent or the closing date and the due date must be included in the inventory or on a special sheet. ¹

C. Property outside Canada. Revocation Action

¹ The assets existing abroad will be held in inventory, without taking into account the possibility of having them carried out in favour of the open bankruptcy in Switzerland.

² Existing rights in favour of the content of sections 214 and 285 and the following SQs will be inventorated and estimated at the approximate value they will reach if the courts admit their merits.

D. Shareholder's mortgage with mortgage

Guarantor documents evidencing a claim secured by the immovable property of the bankrupt and found in the bankrupt's detention shall not be inventoried to the estate, but shall be counted only for memory and shall be returned to the custody of the Office (cf. Art. 75 below).

E. Recognition by the bankrupt and signatures ¹

¹ The inventory is dated, indicating the duration of the inventory transactions and the names of all persons who worked in the inventory.

² The agent and the experts that he or she has adjoined must sign the inventory. ²

³ Finally, and after drawing his attention to the consequences of incomplete particulars of his wealth situation, the agent invites the bankrupt to declare whether he recognizes the inventory prepared as accurate and complete.

⁴ This declaration must be given, verbalized and signed following each of the categories in the inventory.

F. Recognition for the bankrupt

¹ If the bankrupt has died or is on the run, the adults of his household shall be required to make the declarations provided for in Article 29, 3 ^E And 4 ^E Paragraphs. These statements are made, in the event of a bankruptcy of a partnership or a limited partnership, by each of the partners who are present and who were authorized to administer the corporation; if the corporation is a corporation or a corporation Cooperatives, they are made by the bodies of these companies.

² If these statements could not be obtained, the inventory will indicate the reasons.

G. Objects of strict necessity. Communication to the bankrupt

¹ The indication of Strictly necessary objects That the administration Intends to leave To the bankrupt and the indication of the existence of a family asylum (art. 349 and s. CC ¹ Are worn at the end of the inventory; this enumeration will indicate the numbers assigned to these objects in the inventory.

² Communication of this decision shall be made to the bankrupt at the time of the recognition of the inventory or by special written communication.

³ If the Bankrupt Renounces To his or her rights in all or part of the property assigned to him or her, that abandonment shall be taken to the inventory by the signature of the bankrupt.

H. Communication to Creditors

¹ The decision on the subject matter of strict necessity left to the bankrupt shall be communicated to the first meeting of creditors at the time of the presentation of the inventory. The period of appeal to the supervisory authority against this decision shall begin to run as of today. It can no longer be attacked by the creditors.

² If no decision has yet been made concerning the objects of strict necessity at the time of the first meeting of creditors and in the case of summary liquidation, the communication of the deposit of the inventory shall take place at the same time as that of the State The period of appeal against the inventory transactions begins on the day of filing.

J. Civil and natural fruit

The Fruit Civil and natural products produced by the buildings during the bankruptcy are carried successively in the inventory under a special chapter.

K. Claims

¹ The Claims by third parties (art. 242 SQs) are also included in the inventory in a special chapter containing the name of the claim, the number assigned in the inventory to the claimed subject matter and possibly the attachments filed. Reference will also be made to the claim on the inventory itself, in the column of observations, following the claimed subject matter.

² The explanations given by the bankrupt concerning these claims, the subsequent decisions of the administration of the bankruptcy, and finally the outcome of the proceedings initiated, are summarily verbalized at the end of the same chapter.

2. Fee Advance

¹ If the judgment of the bankruptcy did not require the creditor or the debtor at the request of which the bankruptcy was ordered, the payment of an advance for the costs incurred up to and including the suspension of liquidation due to lack of assets or until the appeal To creditors, the Office has the right to require the persons legally liable for the costs of the article 169 LP. ¹

² This request cannot have the effect of delaying the preparation of the inventory.

3. Closing of the Debtor's Accounting

If the servant decides to continue the business or industry of the bankrupt until the day of the first meeting of creditors, he shall stop the books of accounting on the day of the commencement of the bankruptcy and continue to keep them on account of the Mass, unless it decides to open a separate accounting.

4. Questioning the bankrupt

On the occasion of the inventory, the agent is required to question the bankrupt on the following points:

A.

The names and addresses of all known creditors whose books do not refer to them;

B.

The existence of a trial within the meaning of Article 207, 1 ^Er Paragraph LP;

C.

The existence of insurance policies for persons and insurance against damage (cf. Art. 54 and 55 of the PMQ of 2 April 1908 ¹ On the insurance contract);

D.

The paternal power or guardianship that it may carry out, as well as the claims of ownership or existing claims in favour of the persons submitted to it;

E. ²

The rank he has in the army: NCO, officer or specialist officer (soldier, appointee or non-commissioned officer).

5. Mail-outs

Offices are entitled to require the competent postal district management, for the entire duration of the bankruptcy, for the presentation or delivery of mailings and cheques addressed to or sent by the bankrupt; they may also request Information on the postal relations of the bankrupt (cf. Art. 14 and 18 of the Order [1] of 1 ^Er Seven. 1967 ² Concerning the Law on the Service of Posts). The bankrupt, however, has the right to attend the opening of the above mentioned consignments.

6. Determining the procedure to be followed

¹ The Office, at the time when it examines whether the proceeds of inventoried goods are sufficient to cover the costs of ordinary liquidation (art. 231, 1 ^Er Al., c. 1, LP), must take into account that only the possible surplus of the realization of the pledged assets will be used to cover the general costs of the bankruptcy (Art. 262 LP).

² If the Office considers that this potential surplus, added to the proceeds of the assets of the unpledged asset, will not be sufficient to cover the anticipated costs, it must propose to the bankruptcy judge the summary liquidation or the suspension of the bankruptcy; if the case Is simple, it will propose the summary liquidation.

1. Special notice concerning the opening of the bankruptcy ¹

¹ The special notice provided for in section 233 LP shall indicate the contents of the publication of the bankruptcy. Persons carrying claims secured by pledge on the property of the bankrupt, as well as the third parties to whom such claims would have been pledged, are invited to file their securities with the Office.

² The special notice shall be sent in the event of ordinary liquidation:

A.

To all creditors whose names and addresses are known;

B.

In the court before which a civil trial within the meaning of Article 207, 1 ^Er Paragraph, LP and the authority before which an administrative procedure is pending within the meaning of Article 207, 2 ^E Paragraph, LP;

C.

To the insurer with which the bankrupt has entered into a contract for the insurance of persons or insurance against damage;

D.

To the competent tutelary authority if the bankrupt is exercising parental power or is a guardian;

E.

To the Land Registry Offices of the other bankruptcy districts in which the bankrupt is the owner of the inventory. ²

³ The names of the creditors to whom notices have been sent shall be entered in the minutes of the bankruptcy or on a special list to be signed by the agent.

2. Return of evidence

Unless the creditor has special reasons to claim them, the evidence will have to be retained in the bankruptcy file until the expiry of the period of opposition to the statement of collocation and will not be returned until after that Moment.

1. Minutes of the Meeting of Creditors

¹ The Bankruptcy Office will draw up a detailed record of each Meeting of creditors This record shall include the names of all creditors present and their representatives; this indication may be entered on a special list, prepared by the Office, of all known creditors and signed by the agent and the members Office. The minutes shall also indicate whether the Assembly was Validly constituted (art. 236 and 254 LP).

² The Report Of the Office provided for in Articles 237, 1 ^Er Paragraph and 253, 1 ^Er Paragraph LP may be submitted either in writing or orally. In the first case it will be countersigned and annexed to the proceedings of the bankruptcy with reference to the minutes; if it has been presented orally, the Minutes will reproduce the essential points.

³ The minutes will also contain all the proposals made and all decisions made, but without duplicating the discussion to which they gave rise; it must be signed by the agent and the members of the office. ¹

2. Remission of acts to the Special Authority. Communication ¹

¹ If the meeting of creditors appoints a Special administration (art. 237, 2 ^E Al. And 253, 2 ^E Al. The Office shall submit to it the acts and the minutes of the bankruptcy; it shall communicate to the Supervisory Authority the names, profession and domicile of the members of the Special Administration, as well as an extract from the minutes of the meeting of the Creditors.

² If the bankrupt is registered in the trade register, the Office must also inform the Office of the Trade Register of the appointment of the Special Authority. ²

3. Minutes of the Supervisory Committee

If a monitoring committee has been appointed, a record of its decisions will be kept, which will be appended to the minutes of the bankruptcy once it is closed (Art. 10).

4. Claims

A. Decision of the Administration

The Administration of Bankruptcy Will decide , after expiry of the period of production provided for in Article 232, 2 ^E Paragraph, 2 LP, On the surrender of property Found in the possession of the bankrupt, including Property Is claimed by third parties (art. 242 LP and art. 34 of this order). It will make its decision either that the right of the third party to the claim has been produced by itself, or that that right has been declared by the bankrupt or by another person. Finally, this decision of the administration will be taken even if the claimed subject matter has been sold at auction, provided that the right of the third party to the subject matter has been declared to the Office before the distribution of the product of the realization.

B. Time to open action

The opinion by which the time limit for initiating action shall be fixed to the third party claiming (Art. 242, 2 ^E Al. LP) must contain the exact indication of the subject matter and expressly state that the claim will be out of date if the action is not brought within the specified time limit.

C. Creditors' rights reserve

¹ If the administration considers the claim Founded , the notice to be given to the third party claiming, and the remission of the object, are, however, suspended until the second meeting of creditors has been able to take a contrary decision or until the creditors individually Have been able to request the transfer of the rights of the mass on the subject-matter of the article 260 LP.

² The cost of custody of the object shall be borne by the estate; after assignment of the rights under Article 260 LP, they shall be borne by the assignee. The administration of the bankruptcy may determine to that creditor, under threat of immediate surrender of the subject matter to the third party claiming, a time limit to provide an unconditional commitment and a guarantee for the costs of custody after assignment. ¹

Aa. In liquidation

¹ To this end, the administration of the bankruptcy must expressly recall in the Convening of the second meeting of creditors That applications for transfer under section 260 LP shall, on pain of lapsing, be presented in the meeting or at the latest within ten days.

² However, if special circumstances make the liquidation of a claim desirable Before The second meeting of creditors, the administration may convene a special meeting or fix by circular addressed to creditors a reasonable period during which they shall, under penalty of lapse, request the assignment of the rights of the estate Article 260, paragraph 1 ^Er LP.

Bb. In summary liquidation

In the case of summary liquidation, the same period shall be given to the creditors in the important cases; this communication shall be made to them at the same time as that of the deposit of the state of collocation.

Cc. Late Claims

Late claims will, in important cases, be communicated to the creditors, according to the will of the administration, by official publication or by circular; if necessary, a meeting of special creditors will be convened.

Dd. Exceptions

The rules of Articles 47 to 50 above shall not apply if the claims first appear to be founded or if the immediate surrender of the claimed subject matter is obviously in the interest of the mass, or in cases where the third party Provides sufficient security.

D. Time limit after assignment by mass

Where one or more creditors have requested Cession Of the rights of the estate, the administration of the bankruptcy shall give them the certificate of assignment and fix a third party claiming the time limit to initiate proceedings under Article 242, 2 ^E Paragraph LP, by indicating to him the transferee creditors that he must assign in court as representatives of the estate.

E. Competition of a lien with a claim

It is appropriate to proceed as follows when a creditor claims a lien or lien on property in respect of which a claim of ownership has also been made:

If the estate acknowledges the merits of the claim, the dispute between the claim and the secured creditor is wound up outside the bankruptcy.

If, on the other hand, a trial takes place on the right of property claimed, the administration will rule on the right of pledge, by means of a supplementary collocation state, after the final rejection of the claim.

F. Competition between a right of ownership or a pledge and the quality of goods of strict necessity

¹ Where conventional pledge rights, claimed on objects of strict necessity, have been admitted during the collocation procedure, these objects are considered to be in the mass and liquidated for the benefit of the secured creditor; the surplus Will be returned to the bankrupt.

² Where objects claimed by a third party have been declared strictly necessary, the mass does not apply Article 242 LP, but merely refers the claim to assert its rights against the bankrupt Outside The bankruptcy procedure.

1. Statements by the bankrupt

The Explanations of the bankrupt With respect to each production (s. 244 SQs) shall be recorded on the list of productions or in a special minutes; they shall be signed by it. Mention may be made of his death or absence. The rules set out in Article 30, 1 ^Er Paragraph above regarding partnerships, limited partnerships, shares or cooperatives, are applicable here as well.

2. Collocation status

A. Division

¹ The statement of collocation is as follows:

A.

Guarantees guaranteed by pledge (cf. Art. 37 LP):

1.

Secured claims for immovable property;

2.

Secured claims secured by means of furniture.

B.

Non-secured claims: class I to III (art. 219 LP). ¹

² If there are no claims to indicate in any of the classes or classes, reference is made to the condition of collocation.

B. Changes

The amendments to the statement of collocation during the opposition period, the explanations and additions thereto shall be carried on the margin by means of particulars bearing the signature of the author and shall make to each The object of a new publication.

C. Contents

¹ Each production is entered into the class and to the rank assigned to it by the bankruptcy administration or the supervisory board.

² Reference is made to each production of the Decision Taken by Administration On its Admission Or its Rejection ; in the latter case, the reasons will be given summarily. The Administration will also decide on the Other real rights Property (rights of pledge, usufruct, right of habitation, easements and land charges) that have been claimed or entered in the land register; it will see the existence, extent and rank of the property.

D. Form of decisions

¹ Where a production is not sufficiently justified, the Authority may remove it or fix a time limit for the creditor to submit other evidence.

² A production cannot be accepted or ruled out, except in the case of a dispute concerning the extinguishment of a claim, which is undisputed in principle, which reverses in the event of the return of what has been received (Art. 291, 2 ^E Al., LP).

³ If the Authority cannot make a decision on the admission or rejection of a production, it shall either suspend or supplement the filing of the condition of collocation at a later date and resubmit it by making the necessary publications.

E. Additional Indications

¹ The productions are numbered consecutily to each other.

² The condition of collocation must indicate the cause of the claim and return to the number that it relates to the list of productions.

³ The statement of collocation shall indicate in a precise manner for each claim secured by security the goods of the mass on which this right relates; for real property it shall clearly state the fruits and products affected by the pledge, as well as Accessories, for the claims interest which may be covered by the pledge, with reference to the entries in the inventory. If a third party is a personal debtor, the status will also be reported. ¹

F. Receivables from third party property

¹ Claims secured by objects that are wholly or partly the property of third parties are classified in the claims Unsecured For the All Of their recognised amount, without taking into consideration the existence of the pledge, but by mentioning it.

² If the pledged objects are made before the distribution of the dividend of the bankruptcy, the owner of the pledged assets is entitled to the dividend instead of the secured creditor, provided that it has been legally Subrogate to the rights of the latter by making the pledge. If there is a dispute about subrogation, the dividend is recorded. ¹

G. Purpose of the pledge abroad

Where the pledged object is the property of the bankrupt, but is To Alien And that it has not been possible, with a content of foreign law, to bring it into the mass of the open bankruptcy in Switzerland, the dividends relating to that debt shall be retained until the time when the pledge is made to And will be paid to the creditor only to the extent that it remains to be discovered in that realization. Dividends to be paid are calculated from this overdraft. ¹

H. Disputed claims at the opening of the bankruptcy

¹ The administration of the bankruptcy will not, first of all, rule on the disputed claims which Were the subject of a trial At the time of the opening of the bankruptcy; these claims will simply be mentioned for memory in the condition of collocation.

² If the trial is not continued by the mass or by the creditors individually with the content of Article 260 LP, the claim shall be deemed to be Recognized And the creditors have not More The right to attack its admission to the condition of collocation, with the content of section 250 LP.

³ If, on the contrary, the trial is continued, the claim will be, according to the outcome of the dispute, or permanently removed or colloquy; this collocation cannot be attacked by the creditors either.

⁴ Article 48 above shall be applied mutatis mutandis to the proceedings relating to the continuation of the trial.

I. Decisions of the Supervisory Committee. Result of Litigation

¹ When a Supervisory Committee has been appointed, decisions taken by it shall be recorded in the statement of collocation.

² Mention is also made of the state of collocation of the trials to which it gave rise and the manner in which they were liquidated.

K. Subsequent changes

Aa. During opposition period

¹ During the opposition period, the administration of the bankruptcy has the right to change the decisions taken in the statement of collocation only as long as an action has not been brought to the estate or to another creditor. ²

² These amendments will require new publications (s. 67, 3 ^E Al.).

Bb. During the trial

¹ When the administration of the bankruptcy contemplates Not Have to allow a dispute concerning the condition of collocation and brought against the mass, but in the future want to acknowledge in whole or in part the claims of the applicant, it can only do so subject to the rights of the creditors of the The failure to contest the admission of the debt or its rank, with the content of section 250 LP.

² To this end, the administration must file and publish a modified collocation state in the sense of the recognition of previously contested rights.

³ The powers conferred on the Supervisory Committee by Article 237 shall be reserved. ^E Paragraph, number 3 LP on the conclusion or ratification of transactions. In such a case, there is no need for the filing and publication of a new collocation.

L. Publication

¹ The publication of the filing of the state of collocation takes place in the newspapers where the opening of the bankruptcy had been published.

² At the time of filing of the statement of collocation, all disputes arising out of the administration of the bankruptcy or of the Supervisory Board must be specified in a precise manner.

³ As for subsequent amendments, they should not be the subject of a simple notice to the creditors; on the contrary, it will be necessary to proceed during the period of opposition to the revocation of the filing of the statement of collocation, as well as to the filing and Publishing a new or changed state.

M. Special notice

The special notice provided for in Article 249, 3 ^E Paragraph LP must state the reasons for the rejection of the production and recall that the twenty-day period for initiating action (s. 250 LP) begins to run as of the day of publication of the filing of the state of collocation.

N. Late productions

The supplementary condition relating to productions arrived after filing of the condition of collocation will be published only if these productions have been Allowed In whole or in part. If they have been completely ruled out, it is sufficient to notify the creditors. Articles 65 and 66 shall be reserved.

O. Summary Liquidation

A condition of collocation, even in the case of summary liquidation, must be established. Such an application shall be made by analogy with the rules prescribed by the FA and this order in respect of the writing, filing, publication of the condition of collocation and any objections that may be made.

1. Notice of Auction of Buildings

The copy of the publication provided for in Article 257 LP must be given not only to holders of mortgages, but also to third parties to whom such claims would have been pledged (cf. Art. 40, 1 ^Er Al. Above).

2. Minutes of Auction

A. Writing

¹ It must be written Minutes The minutes shall refer to the persons who conducted the auction, the date and their duration, the place where they were held and the amount reached by each object on sale. The minutes shall be signed by the official auctioneer. In the case of securities and claims, the minutes shall also indicate the name of the tender; in the case of furniture, this indication shall take place only if the invitation to tender has been made in block to one person.

² If the auction has been conducted by another public officer, it will be recorded in the minutes.

B. Buildings of buildings

The minutes of the auction of buildings must also indicate the statement by the employee who directs them that " The building is awarded for the price of fr. ..... to N. N. " This indication shall be signed by the successful tenderer who will expressly take this qualification. If no award has been made, the record will be marked as follows: "The building has not been awarded"; it will also indicate why an award could not be made. If the award has taken place with conditions, the conditions must be specified in a precise manner.

3. Deregistration of extinguished pledges

¹ The administration of the bankruptcy has the obligation to make the land register to the write-offs and the necessary modifications in respect of the real estate bonds which are extinguished in whole or in part by the public auction, and that Even if the securities were not produced in the bankruptcy.

² These deletions or modifications to the land registry are to be published in the Official Sheet and are communicated by registered letter to creditors whose names and addresses are known; these notices indicate that all Alienation or pledging of the title radiated or modified for a value greater than that which it has retained will be punished as a scam.

³ If the holder of the title is unknown, the cancellation or modification shall be published by the care of the Office, as indicated in the publication of the consequences, as indicated in the preceding paragraph, of a disposition or pledging of the title. ¹

4. Special Cases

A. Cancellation of pledge securities created in the name of the owner and cancellation of the free boxes

The securities found in the possession of the bankrupt and relating to claims secured by its buildings, as well as the free boxes, are not, in accordance with Article 815 of the Swiss Civil Code ² , not taken into account when establishing the auction conditions. The pledges must simply be cancelled and the boxes removed from the land register after the auction.

B. Securities pledged by the bankrupt

Guarantees relating to claims secured by the properties of the bankrupt and which the bankrupt has pledged shall not be auctioned separately, but the conditions of the auction of the buildings shall require the payment of such Claims and securities will be cancelled after the auction.

C. Realization of insured objects and life insurance policies

¹ When the goods subject to the auction are insured against damage (cf. Art. 37 and 40, 2 ^E Al., above), this fact will have to be announced at the auction. If the insured objects are admitted en bloc to a single person, then it will be given immediately to the insurer of this transfer of ownership.

² The provisions of Articles 10 and 15 to 21 of the order of 10 May 1910 ¹ In respect of the seizure, the receiver and the enforcement of insurance rights shall apply to the making of a public or public auction of the rights resulting from an insurance policy on life.

D. Livestock production

For the production of livestock, the provisions of the law of 1 ^Er July 1966 ² On epizootics (art. 14) and the order of 27 June 1995 ³ On epizootics (art. 11), relating to the passes.

5. Assignment of Rights at issue

¹ The Cession Of the rights in dispute of the mass in favour of one or more individual creditors, as provided for in Article 260 LP, shall take place by means of the form and the conditions laid down therein.

² The costs incurred in the execution of the judgment cannot be borne by the mass.

1. Interim Distributions

¹ The administration of the bankruptcy must, before proceeding with a Provisional distribution (art. 237, 3 ^E Al., c. 5, and 266 LP), Provisional distribution table Which remains before the Office for ten days. Disclosure of this deposit to creditors (s. 263 LP).

² The administration of the bankruptcy does not carry out the distribution of dividends relating to disputed claims or debts subordinated to a suspensive condition or to an uncertain term (art. 264, 3 ^E Al. The same shall apply to claims arising out of guarantees to be provided by the bankrupt and for late productions, but made before the provisional distribution has taken place (Art. 251, 3 ^E Al. LP).

2. Distribution Final Table

A. Conditions

Aa. Liquidation of ongoing trials

¹ The Final distribution table Will be developed only when all trials related to the asset and liability determination of the mass will be completed.

² It is not necessary, however, to wait for the settlement of the proceedings brought by individual creditors, in accordance with article 260 LP, if it is established that the mass will not benefit from a potential surplus (see Art. 95 below).

Bb. Fixing of Special Fees under Art. 48 of the Fees Order

If the administration of the bankruptcy (or possibly the Supervisory Board) considers that it is entitled to a special fee as set out in section 48 of the order of September 23, 1996 ² On the costs payable under the FA, it shall, before proceeding to the establishment of the final distribution table, submit to the competent supervisory authority, in order to fix the amount, a detailed list of all its vacations In respect of which the fee order does not provide for a special fee; it includes the complete file of the bankruptcy.

B. Manner of establishing the

The distribution table is written by observing the following rules:

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It shall indicate in the first place in a precise manner, for each subject-matter, the product of its realization, as well as the inventory, administration and enforcement costs to which it has given rise. These fees must be levied on the product of its realization.

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If there is a surplus after the payment of the fees and the full refund of the secured claims, the excess shall be paid to the general account for the realization of the assets. If, on the contrary, the realization has not been sufficient to disinterest the secured creditors, they will be entered in the classes one to three for the amount of which they remain to be discovered, where the bankrupt was personally obliged to pay the Their claims.

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The total proceeds of the general assets, with the potential surplus of the encumbered assets, shall be used primarily to cover all other costs of the bankruptcy, including those resulting from a prior public inventory; the balance shall be distributed among the Unsecured creditors in accordance with the state of collocation.

C. Distribution in case of trial with content of article 260 LP

Where proceedings brought by individual creditors, as contained in Article 260 LP, have resulted in a favourable result, the administration of the bankruptcy must proceed to the distribution of that product between the assignees and the estate, Either in the distribution table or in a special supplement.

3. Notice of filing of the distribution table

¹ The creditors and the bankrupt will be Notified Individually by registered letter (s. 34 LP) Distribution table depot.

² This notice will also be given in the event of an amendment to the distribution table, unless this amendment is the result of a decision of the supervisory authority.

4. Distribution. Conditions

Before proceeding with the Distribution Of the product of the bankruptcy between creditors, the administration of the bankruptcy must ensure that it has not been addressed to the supervisory authority within the statutory time limit of ten days no recourse to the distribution board. It will eventually await the liquidation of these remedies in order to proceed with the allocation.

5. Deficiency of property in case of family asiles ¹

If the bankrupt owns a Family asylum (art. 349 and s. CC ² And art. 31 above), mention shall be made on the Acts of default of property The existence of this family asylum, its estimate and the costs incurred. The act of default will also reproduce the provisions of the Swiss Civil Code and the complementary cantonal laws on the forced administration of family asylums and the manner in which creditors are disinterested.

1. Final Report

¹ The Final report Administration (art. 268 LP) must always be written in writing; it shall be sent to the judge of the bankruptcy with all acts and supporting documents, including the payment of dividends. A copy of this report is annexed to the acts of bankruptcy.

² This report shall contain a concise statement of the liquidation operations. It shall state in particular and in a summary manner the causes of the bankruptcy, the amount of the assets and liabilities, the total of the overdraft, and finally indicate, where applicable, the sums which had to be deposited in the register of consignments with a content of Article 264, 3 ^E LP.

2. Summary Liquidation

Even in the case of summary liquidation, a final report and publication of the judgment closing the bankruptcy shall be submitted. This publication is not necessary, where the liquidation has been suspended pursuant to Article 230, 2 ^E LP.

3. Article 260 LP ¹

Where a transfer of the rights of the mass has been made to one or more creditors individually as contained in Article 260 LP and if it is necessary to admit that it will not return to the estate a surplus, the Office shall communicate to the judge all the documents Of the bankruptcy and will propose either to close the liquidation immediately or to wait for the end of the ongoing dispute to proceed.

Special rules for summary liquidation

In addition to the provisions of Articles 32, 49, 70 and 93, the following rules shall apply to summary liquidation:

A.

A meeting of creditors will be required if the bankrupt proposes a concordat and makes the advance of the costs that this meeting will incur.

B.

For public real property auctions, sections 134 to 137 and 143 SQs are applied; however, payment periods of more than three months must not be granted. For the remainder, sections 71 to 78 and 80 of this Order are applicable to the achievement.

C.

Distribution shall be in accordance with Articles 262 and 264, 3 ^E Paragraph, LP, and sections 83 and 85 above, on the basis of a distribution table. The Office will not carry out provisional allocations; however, it will have to issue acts of default under Article 265 LP. Article 150 LP is also applicable by analogy.