Chapter IV: Common provisions

Each associate judicial administrator practising within a company performs the duties of judicial administrator on behalf of the company. Each associate judicial representative practising within a company performs the duties of judicial representative on behalf of the company.

The partners practising within the company must devote all their professional activity to it, inform it and each other of this activity.

The name of each partner on the national list of court-appointed administrators or on the national list of court-appointed agents is followed by the name or business name of the company within which he practises. Annexed to the national list is a list of companies with the following indications: 1° Corporate name or business name; 2° Place of registered office; 3° Names of all partners practising within it; 4° In…

All registers and documents provided for by laws or regulations shall be opened and drawn up in the name of the company.

The name or business name of a company shall appear in all documents and correspondence issued by the company. It is supplemented by the information provided for in 1° and 2° of article R. 123-237. In professional acts, each partner practising within the company shall indicate the name or business name of the company of which he is a member.

The minutes of the members’ deliberations and those of the board of directors’ and supervisory board’s deliberations shall be drawn up in a special register previously listed and initialled by the secretary of the Commission nationale d’inscription et de discipline. The register is kept at the company’s registered office. However, the minutes may be drawn up on continuously numbered loose-leaf pages, initialled under the conditions provided for in the first…

The company shall join the guarantee fund provided for in Article L. 814-3. It shall be incumbent on him to provide evidence of the insurance provided for in Article L. 814-4, meeting the conditions of article R. 814-23, in particular for the application of the second paragraph of article 16 of law no. 66-879 of 29 November 1966 relating to professional non-trading companies or of the second paragraph of article…

In the event of the temporary prohibition or provisional suspension of one or more partners exercising the profession of judicial administrator or judicial representative, but not of all of them, or of the company, there is no need to appoint a provisional administrator. In the event of the temporary prohibition or provisional suspension of the company or of all the partners exercising the profession of court-appointed administrator or court-appointed agent,…

A partner who has been struck off or withdrawn from the list pursuant to Article L. 811-6, of article L. 811-12, article L. 812-4 or article L. 812-9 loses his status as a partner and ceases to carry on his professional activity as soon as the decision to strike him off the register or to withdraw his membership becomes final. His capital securities or shares are transferred, where applicable, under…

At the behest of the Commission nationale d’inscription et de discipline, a copy of the final decision to strike off or withdraw from the list the company or all the partners practising within it as judicial administrators or judicial representatives shall be placed in the file opened in the name of the company at the registry responsible for keeping the register of commerce and companies.