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Article L814-1 of the French Commercial code

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;…

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Article L814-2 of the French Commercial code

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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Article L814-3 of the French Commercial code

The purpose of a fund with legal personality and managed by the contributors is to guarantee the reimbursement of funds, effects or values received or managed by each court-appointed administrator and each court-appointed agent registered on the lists, in connection with the operations for which they are responsible by virtue of their duties. Two magistrates from the public prosecutor’s office are appointed to act as Government commissioners for the fund,…

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Article L814-4 of the French Commercial code

Each court-appointed administrator and each court-appointed agent registered on the lists must provide proof of insurance taken out through the guarantee fund. This insurance covers the pecuniary consequences of the civil liability incurred by the court-appointed administrators and the court-appointed representatives, as a result of their negligence or misconduct or that of their agents, committed in the exercise of their mandates.

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Article L814-5 of the French Commercial code

The court-appointed administrator not registered on the national list, appointed under the conditions provided for in the second paragraph of Article L. 811-2, the judicial representative not on the national list, appointed under the conditions provided for in the first paragraph of II of article L. 812-2 or by III of this same article, must provide evidence, when accepting their assignment, of a guarantee allocated to the reimbursement of funds,…

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Article L814-8 of the French Commercial code

Where a court-appointed administrator or a court-appointed representative registered on the lists and appointed by a court to carry out the tasks provided for by the provisions of Book VI in respect of a company has already acted on behalf of the company in an advisory capacity or in respect of the tasks provided for in the penultimate paragraphs of the articles L. 811-10 and L. 812-8, it shall inform…

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Article L814-9 of the French Commercial code

Court-appointed administrators and court-appointed representatives registered on the lists are required to undergo continuing education to enable them to maintain and improve their knowledge. A decree of the Conseil d’Etat shall determine the nature and duration of the activities that may be validated under the continuing training obligation. This training is organised by the national council mentioned in article L. 814-2. The persons mentioned in III of article L. 812-2…

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Article L814-10 of the French Commercial code

Court-appointed administrators and court-appointed representatives not registered on the national lists, appointed under the conditions provided for in the second paragraph of Article L. 811-2 or the first paragraph of II of Article L. 812-2, are placed under the supervision of the Public Prosecutor and are subject, in their professional activity, to inspections by the public authorities on the occasion of which they are required to provide any useful information…

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Article L814-10-1 of the French Commercial code

I.-The persons designated under the conditions provided for in III of article L. 812-2 are placed under the supervision of the Public Prosecutor and are subject, for this professional activity, to inspections by the public authorities during which they are required to provide all useful information or documents without being able to invoke professional secrecy. The organisation and procedures for these inspections are determined by decree in the Conseil d’Etat….

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