Where the proceeds from the realisation of the company’s assets do not enable the liquidator or the mandataire judiciaire to obtain, by way of the remuneration due to him pursuant to the provisions of Article L. 444-2, a sum at least equal to a threshold set by decree in the Conseil d’Etat, the case is declared impecunious by decision of the court, on the proposal of the official receiver and in light of the supporting documents presented by the liquidator or the mandataire judiciaire.
The same decision sets the sum corresponding to the difference between the remuneration actually received by the liquidator or mandataire judiciaire and the threshold referred to in the first paragraph.
The sum paid to the judicial representative or liquidator is deducted from a share of the interest paid by the Caisse des dépôts et consignations on the funds deposited pursuant to Articles L. 622-18, L. 626-25 et L. 641-8. This share is specifically allocated to a fund managed by the Caisse des dépôts et consignations under the supervision of an administration committee. The conditions for the application of this paragraph are laid down by a decree in the Conseil d’Etat.