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Article R814-45 of the French Commercial code

The audit is carried out by three auditors: 1° Two judicial administrators or judicial representatives appearing on the list provided for in Article R. 814-44 and who do not carry on their business in the same jurisdiction as the audited professional, one of whom may be replaced, in the case of an occasional audit, by one of the persons specially authorised for this purpose; 2° A statutory auditor appearing on…

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Article R814-47 of the French Commercial code

The audited professional may ask a colleague of his choice to assist him during the audit. He may also ask the statutory auditor who carried out the audit of his accounts pursuant to article R. 814-29 or a chartered accountant of his choice to attend the audit.

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Article R814-48 of the French Commercial code

If inspectors discover irregularities relating to the management and representation of funds, securities, bills and other assets held on behalf of third parties, they shall immediately notify the public prosecutor, the regional inspecting magistrate, the Government commissioner attached to the National Registration and Disciplinary Commission, the coordinating magistrate mentioned in l’article R. 811-40, the President of the Conseil national and, depending on the case, the President of the relevant regional…

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Article R814-50 of the French Commercial code

The title of honorary judicial administrator or honorary judicial representative may be conferred by the Commission nationale d’inscription et de discipline. Honorary status may only be conferred on persons who have practised for at least twenty years. Periods during which the person concerned has practised as a receivership trustee, company receivership trustee and liquidator, sequestration trustee with the Paris judicial court, court-appointed administrator, or court-appointed agent will be taken into…

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Article R814-51 of the French Commercial code

In the exercise of their functions, judicial administrators and judicial representatives registered on the lists drawn up by the Commission nationale d’inscription et de discipline wear a toga, closed at the front, with wide sleeves, a black cap, and a tie similar to that of judges.

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Article R814-52 of the French Commercial code

Within one month of their registration, judicial administrators and judicial representatives take an oath before the court of appeal in whose jurisdiction their professional domicile is located, in the following terms: “I swear to perform my duties with honour, dignity, independence and probity, and to comply on all occasions with the laws and regulations of my profession”. They may only perform their duties from the day they take the oath….

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Article R814-53 of the French Commercial code

The judicial administrator or the judicial representative, whether a natural person or a legal entity, who is already registered and has an office declares any opening of an ancillary office to the Government Commissioner at the National Registration and Disciplinary Commission and to the President of the National Council. A branch office is considered to be any premises in which the court-appointed administrator or the judicial representative, whether a natural…

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Article R814-54 of the French Commercial code

The declaration shall be sent at least four months before the date scheduled for the opening of the office, by registered letter with acknowledgement of receipt. It shall state: 1° The location of the professional domicile or registered office of the interested party and the location where he intends to open a branch office; 2° The arrangements made by the interested party to carry out his duties at his professional…

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