The court shall appoint, for the term set out in Article L. 626-12, the administrator or the judicial representative as commissioner responsible for overseeing the implementation of the plan. The court may, if necessary, appoint several commissioners.
At the request of the debtor, the court may entrust the administrator or the mandataire judiciaire who have not been appointed as commissioner for the implementation of the plan with a subsequent remunerated assignment, for a maximum period of twenty-four months, under the conditions laid down by decree in the Conseil d’Etat.
Actions brought before the judgment adopting the plan and to which the administrator or the judicial representative is a party are pursued by the commissaire à l’exécution du plan or, if the commissaire is no longer in office, by a judicial representative specially appointed for this purpose by the court.
The commissaire à l’exécution du plan is also empowered to initiate actions in the collective interest of the creditors.
The commissaire à l’exécution du plan may be provided with all documents and information relevant to his mission.
He shall report to the president of the court and to the public prosecutor on any failure to implement the plan. He shall inform the social and economic committee.
Any sum received by the plan implementation commissioner shall be immediately paid into a deposit account at the Caisse des dépôts et consignations. In the event of delay, the commissioner for the execution of the plan shall owe, for the sums he has not paid, interest at a rate equal to the legal interest rate plus five points.
The commissioner for the execution of the plan may be replaced by the court, either ex officio or at the request of the public prosecutor. Where the replacement is requested by the plan execution commissioner, the president of the court shall decide by order.