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The distinction between de facto and de jure (official) officers does not apply toFrench insolvency law. Both are treated equally. he de facto officers are consideredas de jure officers since they appear to be official officers in the eyes of third parties.As a matter of fact, any officers, de facto or official, can be liable regarding the actionin insufficiency of assets. 76 (see Paragraph III. A. 15. b. ii., supra).D. Opportunities offered by insolvency law1. Out of Court arrangements and pre-insolvency proceedingsa. GermanyPre-insolvency proceedings are not currently available under German insolvencylaw. This situation has been subject to massive criticism from practitioners, and maychange in the course of future common European legislative initiatives.76 Code de commerce [C. com.] art. L. 651-2.55

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