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Article R814-152 of the French Commercial code

Any partner exercising the profession of judicial administrator or judicial representative within the company, who has been subject to a definitive disciplinary sanction equal to or greater than three months’ disqualification from exercising his profession or a definitive criminal conviction for a prison sentence equal to or greater than three months may be forced, by the unanimous vote of the other partners exercising within the company, to withdraw from the…

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Article R814-154 of the French Commercial code

A provisionally suspended partner practising within the company retains, for the duration of his suspension, his status as a partner with all the rights and obligations that this entails. However, his professional income is reduced by half, the other half being allocated in equal shares to the provisional administrators, whether or not they are partners or, if no provisional administrator is appointed, to those partners practising within the company who…

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Article R814-155 of the French Commercial code

The joint ventures provided for by the Article 22 of Law No. 90-1258 of 31 December 1990 shall be known as “sociétés en participation d’administrateurs judiciaires” or “sociétés en participation de mandataires judiciaires”. A notice of their formation is published in the Bulletin officiel des annonces civiles et commerciales. The notice contains the company name and the list of partners.

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Article R814-156 of the French Commercial code

Within a fortnight of publication, a copy of this notice and a copy of the agreement underpinning the joint venture shall be delivered against receipt or sent by registered letter with acknowledgement of receipt to the National Registration and Disciplinary Commission, which may, within a period of one month, give formal notice to the partners, by registered letter with acknowledgement of receipt, to amend the agreement in order to bring…

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Article R814-158 of the French Commercial code

Les sociétés de participations financières de professions libérales constituées, en application du titre IV de la loi n° 90-1258 du 31 décembre 1990 relative à l’exercice sous forme de sociétés des professions libérales soumises à un statut législatif ou réglementaire ou dont le titre est protégé et aux sociétés de participations financières de professions libérales, with a view to holding shares in companies exercising the profession of judicial administrator or…

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Article R814-159 of the French Commercial code

Natural or legal persons practising as commercial court clerks may not hold, either directly or indirectly, shares or corporate units in a société de participation financière de profession libérale d’administrateur judiciaire or in a société de participation financière de profession libérale de mandataire judiciaire.

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Article R814-160 of the French Commercial code

The formation of the company is the subject of a declaration sent by registered letter with acknowledgement of receipt by a joint representative appointed by the partners to the competent national registration and disciplinary commission. A copy of the company’s Articles of Association is attached to the declaration, which includes a list of the partners, with an indication of their profession or status, as applicable, followed, for each, by an…

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Article R814-161 of the French Commercial code

The secretary of the competent national registration and disciplinary commission sends a copy of the declaration and the articles of association to the public prosecutor at the court of appeal within whose jurisdiction the company has its registered office. He draws up the list of sociétés de participations financières de professions libérales d’administrateurs judiciaires ou de mandataires judiciaires, the conditions for keeping and updating which are set by order of…

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