I.-No one may be appointed in court to perform the duties of a judicial representative unless they are registered on the list drawn up for this purpose by a national commission.
II.-However, the court may, after obtaining the opinion of the public prosecutor, appoint as a judicial representative a natural person who can demonstrate particular experience or qualifications with regard to the nature of the case and who meets the conditions defined in 1° to 4° of Article L. 812-3. It shall give special reasons for its decision with regard to this particular experience or qualification.
The persons referred to in the previous paragraph must not, over the previous five years, have received in any capacity whatsoever, directly or indirectly, any remuneration or payment from the natural person or legal entity that is the subject of a receivership, compulsory liquidation or professional recovery measure, from a person who holds control of this legal entity or from one of the companies controlled by it within the meaning of II and III of Article L. 233-16, nor must they have been in a position to advise the natural person or legal entity concerned or be subordinate to it. In addition, they must have no interest in the mandate given to them and must not be among the former administrators or court-appointed agents who have been struck off or withdrawn from the lists pursuant to Articles L. 811-6, L. 811-12, L. 812-4 and L. 812-9. They are required to carry out the mandates entrusted to them by complying, in the performance of their professional duties, with the same obligations as those imposed on legal representatives registered on the list. They may not perform the duties of judicial representative on a regular basis.
Persons designated pursuant to the first paragraph of this II must, when accepting their mandate, certify on their honour that they meet the conditions set out in 1° to 4° of Article L. 812-3, that they comply with the obligations listed in the previous paragraph and that they are not subject to a ban on practising pursuant to the penultimate paragraph of Article L. 814-10.
III. – The court may also appoint judicial officers and auctioneers on a regular basis as liquidators in liquidation proceedings when these proceedings are opened against debtors who do not employ any employees and have an annual turnover excluding tax of €100,000 or less, or as assistants to the judge appointed in the context of professional recovery proceedings.
These persons are subject to the provisions of the first two sentences of the second paragraph and the third paragraph of II.
They shall immediately send a copy of the certificate mentioned in the third paragraph of II to the magistrate of the public prosecutor’s office responsible for inspections of judicial representatives and designated by the Minister of Justice.
IV. – When the court appoints a legal entity, it appoints from among its members one or more natural persons to represent it in the performance of the mandate entrusted to it.
V.-Persons appointed to perform the duties defined in the first paragraph of Article L. 812-1 without being registered on the list mentioned in I of this Article are subject, with regard to the performance of these duties, to the supervision of the public prosecutor and to the inspections provided for in the first paragraph of Article L. 811-11.
A decree in the Conseil d’Etat shall specify the organisation and procedures for inspections concerning the persons mentioned in the first paragraph of this V.