Form 20-F 2005
Form 20-F 2005
Form 20-F 2005
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period, creditors may not pursue any individual legal action against the debtor with respect to any claim arising prior to the court<br />
order commencing the bankruptcy proceedings if the objective of such legal action is:<br />
to obtain an order for or payment of a sum of money by the debtor to the creditor (however, the creditor may require that a<br />
court determine the amount due);<br />
to terminate or cancel a contract for non-payment of amounts owed by the creditor; or<br />
to enforce the creditor’s rights against any assets of the debtor.<br />
Contractual provisions such as those contained in indentures that would accelerate the payment of the debtor’s obligations upon<br />
the opening of certain bankruptcy proceedings are not enforceable under French law.<br />
The administrator may terminate or continue executory contracts provided that the debtor fully performs its post-petition contractual<br />
obligations.<br />
If the court orders a judicial reorganization, it can set a time period during which the assets that it deems to be essential to the<br />
continued business of the debtor may not be sold without its consent and it can reschedule the payment of debts owed by the<br />
debtor.<br />
French bankruptcy law assigns priority to the payment of certain preferential creditors, including employees, the bankruptcy court,<br />
officials appointed by the bankruptcy court as required by the regulations relating to bankruptcy proceedings, post-petition creditors,<br />
certain secured creditors essentially in the event of liquidation and the French Treasury.<br />
Material Contracts<br />
We have not entered into any material contracts other than those entered into the ordinary course of business, during the past two<br />
years.<br />
Exchange Controls<br />
Under current French exchange control regulations, there are no limitations on the amount of payments that may be remitted by a<br />
French company to non-French residents. Laws and regulations concerning foreign exchange controls do require, however, that<br />
all payments or transfers of funds made by a French resident to a non-French resident be handled by an authorized accredited<br />
intermediary. In France, all registered banks and substantially all credit establishments (établissements de crédit) are accredited<br />
intermediaries.<br />
Taxation<br />
French taxation of shares<br />
The following is a general summary of the principal French tax consequences of purchasing, owning and disposing of our shares.<br />
This summary may only be relevant to you if you are not a resident of France and you do not hold your shares in connection with<br />
a business conducted in France.<br />
102 <strong>Form</strong> <strong>20</strong> - F <strong>20</strong>05 - Rhodia