The mandataire judiciaire appointed by the court has sole standing to act on behalf of and in the collective interest of the creditors. However, in the event that the mandataire judiciaire fails to act, any creditor appointed as controller may act in that interest under conditions laid down by decree in the Conseil d’Etat.
The mandataire judiciaire shall be entitled to give formal notice to a partner or shareholder to pay the sums remaining due on the amount of the shares and stocks subscribed by him.
The mandataire judiciaire shall communicate to the juge-commissaire and the public prosecutor’s office the observations forwarded to him at any time during the proceedings by the auditors.
The sums recovered as a result of the actions brought by the mandataire judiciaire or, failing this, by the creditor or creditors appointed as auditors, shall enter the debtor’s assets and shall be allocated in the event of the continuation of the business in accordance with the procedures laid down for the discharge of the liabilities.