French Business Law - French Legislation

Article L812-6 of the French Commercial code

November 7, 2023

The files monitored by the judicial representative or the person mentioned in III of article L. 812-2 who leaves office, for whatever reason, shall be distributed by the court among the other agents or, where the conditions are met, among the persons mentioned in III of Article L. 812-2 within three months of leaving office. However, in the interests of the proper administration of justice, the court may authorise the…

Article L812-7 of the French Commercial code

November 7, 2023

People on the list are expected to carry out their duties throughout France.

Article L812-8 of the French Commercial code

November 7, 2023

The status of judicial representative registered on the list is incompatible with the exercise of any other profession. It is, moreover, incompatible with: 1° All activities of a commercial nature, whether exercised directly or through an intermediary ; 2° Being a partner in a société en nom collectif, a general partner in a société en commandite simple or par actions, the manager of a société à responsabilité limitée, the chairman…

Article L812-8-1 of the French Commercial code

November 7, 2023

The persons mentioned in III of article L. 812-2 are subject to the rules of incompatibility set out in their statutes.

Article L812-9 of the French Commercial code

November 7, 2023

The provisions relating to the supervision, inspection and discipline of judicial administrators set out in articles L. 811-11 to L. 811-15-1 are applicable to judicial representatives. The national registration commission sits as a disciplinary chamber. The Government Commissioner shall exercise the functions of the Public Prosecutor.

Article L812-10 of the French Commercial code

November 7, 2023

No one may use the title of judicial representative, other than for the mission entrusted to him or her under the first paragraph of II of Article L. 812-2, of III of that same article and of the second paragraph of Article L. 812-6, if he is not registered on the list of judicial representatives. Any breach of this provision is punishable by the penalties incurred for the offence of…

Article L813-1 of the French Commercial code

November 7, 2023

Company diagnostic experts are appointed in court to draw up a report on the economic and financial situation of a company in the event of conciliation proceedings or safeguard or receivership proceedings, or to assist in drawing up such a report in the event of safeguard or receivership proceedings. These experts must not, over the previous five years, have received in any capacity whatsoever, directly or indirectly, any remuneration or…

Article L814-1 of the French Commercial code

November 7, 2023

I.-A Commission nationale d’inscription et de discipline des administrateurs judiciaires et des mandataires judiciaires comprising: 1° A councillor at the Cour de cassation, chairman of the commission, appointed by the first chairman of the Cour de cassation; 2° A member of the Conseil d’Etat appointed by the vice-chairman of the Conseil d’Etat; 3° A member of the Cour des comptes appointed by the first chairman of the Cour des comptes;…

Article L814-1-1 of the French Commercial code

November 7, 2023

Appeals against the decisions of the committee, both in terms of registration or withdrawal and in terms of discipline, are brought before the Paris Court of Appeal. These appeals have suspensive effect.

Article L814-2 of the French Commercial code

November 7, 2023

The professions of court-appointed administrator and court-appointed agent are represented in dealings with the public authorities by a National Council of Court-appointed Administrators and Court-appointed Agents, a non-profit organisation with legal personality, responsible for defending the collective interests of these professions. The National Council may, before all courts, exercise all the rights reserved to civil parties in respect of acts that are directly or indirectly prejudicial to the collective interests…

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TITLE I: Court-appointed administrators, court-appointed agents and business diagnostics experts.

Article L812-6 of the French Commercial code

Article L812-7 of the French Commercial code

Article L812-8 of the French Commercial code

Article L812-8-1 of the French Commercial code

Article L812-9 of the French Commercial code

Article L812-10 of the French Commercial code

Article L813-1 of the French Commercial code

Article L814-1 of the French Commercial code

Article L814-1-1 of the French Commercial code

Article L814-2 of the French Commercial code

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TITLE I: Court-appointed administrators, court-appointed agents and business diagnostics experts.

Contact a French lawyer now

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We Solve Legal & Tax Issues in France

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