A creditor who has not consented to the composition agreement shall retain all rights against co-debtors, sureties and warrantors (Art. 216).
A creditor who has consented to the composition agreement preserves his rights against the aforementioned persons provided he has notified them of the time and place of the creditors’ meeting at least ten days before the meeting and has offered to assign his claim to them in return for payment (Arts 114, 147, 501 CO1).
The creditor may also, without prejudice to his rights, authorise co-debtors, guarantors and warrantors to decide in his place on whether to join the composition agreement.