The court may, either of its own motion or on a proposal from the official receiver or at the request of the public prosecutor, proceed to replace the liquidator, expert or administrator if one has been appointed pursuant to Article L. 641-10 or add one or more liquidators or administrators to those already appointed.
The liquidator, the administrator or a creditor appointed as controller may ask the official receiver to refer the matter to the court for this purpose.
Where the debtor practises a liberal profession subject to a legislative or regulatory status or whose title is protected, the professional order or competent authority to which, where applicable, the debtor is subject may refer the matter to the public prosecutor for the same purpose.
The debtor may ask the official receiver to refer the matter to the court for the purpose of replacing the expert. Under the same conditions, any creditor may request the replacement of the liquidator.
By way of derogation from the preceding paragraphs, where the liquidator or administrator requests his replacement, the president of the court, seised for this purpose by the juge-commissaire, is competent to do so. He shall rule by order.
The official receiver shall rule by order, as soon as possible, on requests for referral to the court for the purpose of replacement which are addressed to him pursuant to this article.
The social and economic committee or, failing this, the employees of the undertaking may alone proceed with the replacement of the employees’ representative.