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Article R811-53 of the French Commercial code

The automatic termination of the provisional suspension pursuant to Article L. 811-13 and the decisions ending the provisional suspension are immediately notified by the public prosecutor to the court-appointed administrator and the provisional administrator appointed. The provisional administrator’s assignment ends upon receipt of this notification.

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Article R811-54 of the French Commercial code

The appeal in matters of provisional suspension shall be lodged by declaration at the registry of the court of appeal. The appellant shall notify his appeal to the other parties by registered letter with acknowledgement of receipt.

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Article R811-55 of the French Commercial code

The appeal is lodged within a period of fifteen days which runs, with regard to the public prosecutor, from the day of the decision. The same applies to the court-appointed administrator if the decision was made in his presence or in the presence of his defence counsel. In other cases, the time limit runs from the date of notification of the decision, and in particular where the President of the…

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Article R811-56 of the French Commercial code

The appeal shall be investigated and judged in accordance with the rules applicable to proceedings without compulsory representation. The President of the National Council or his representative may be heard, if he so requests, by the Court of Appeal. The decision of the Court of Appeal is notified, by registered letter with acknowledgement of receipt, to the persons mentioned in article R. 811-50.

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Article R811-58 of the French Commercial code

When, for any reason whatsoever, a court-appointed administrator is unable to carry out his duties, the public prosecutor at the judicial court within whose jurisdiction the court-appointed administrator has his professional domicile shall request the president of the judicial court, ruling on a petition, to appoint without delay, to carry out the acts necessary for the management of the firm, a provisional administrator chosen from among the persons registered on…

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Article R811-59 of the French Commercial code

The provisional administrator appointed under the conditions provided for in the preceding article is entitled to remuneration set by the president of the judicial court that appointed him. This decision may be appealed in accordance with the provisions of Articles 714 to 718 of the Code of Civil Procedure.

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Article R811-60 of the French Commercial code

The salaried court-appointed administrator may only carry out his duties within a single law firm. The owner of the law firm is civilly liable for the professional activity carried out on his behalf by the salaried court-appointed administrator. The status of salaried court-appointed administrator is assimilated to that of court-appointed administrator for the award of the title of honorary court-appointed administrator.

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Article R811-61 of the French Commercial code

A salaried judicial administrator invested with a mandate as a member of the national registration and disciplinary commission may not participate in deliberations or votes on disciplinary matters concerning the titular judicial administrator of the firm or the associate judicial administrators exercising their functions within the titular firm of the firm in which he is employed. The latter may not, where they are invested with such a mandate, take part…

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Article R811-62 of the French Commercial code

The employment contract shall be drawn up in writing, subject to the suspensive condition of the employee’s registration on the list mentioned in Article L. 811-2 as a court-appointed administrator and his swearing in. The condition is deemed to have been fulfilled on the date of swearing in. It may not contain any clause likely to limit the employee’s freedom of establishment at a later date or to affect his…

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