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Section 1: Mission, conditions of access and exercise and incompatibilities.

Article L811-1 of the French Commercial code

Court-appointed administrators are agents, natural or legal persons, entrusted by court order with administering the assets of others or performing assistance or supervisory functions in the management of those assets. The tasks involved in carrying out their mandate are the personal responsibility of the court-appointed administrators. They may, however, delegate all or part of these tasks to a salaried court-appointed administrator, under their responsibility. They may also, where the smooth…

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Article L811-2 of the French Commercial code

No one may be appointed in court to perform these functions, subject to the provisions specific to certain matters, in particular those relating to minors and protected adults, or subject to the occasional assignments that may be entrusted to members of the judicial and legal professions in civil matters, unless they are registered on the list drawn up by a national commission set up for this purpose. However, the court…

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Article L811-3 of the French Commercial code

The national list is divided into sections corresponding to the jurisdiction of each court of appeal. Where the court-appointed administrator is an employee, the list specifies this capacity and the name of his employer. It includes, for each person listed, a mention of the nature, civil or commercial, of his speciality. A court-appointed administrator may list both specialities.

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Article L811-5 of the French Commercial code

No one may be entered on the list by the commission unless he or she meets the following conditions: 1° Be French or a national of a Member State of the European Community or of a State party to the Agreement on the European Economic Area; 2° Not have been the perpetrator of acts contrary to honour or probity which have given rise to a criminal conviction; 3° Have not…

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Article L811-6 of the French Commercial code

The national commission, on its own initiative or at the request of the Minister of Justice, the President of the Conseil national des administrateurs judiciaires et des mandataires judiciaires, the Government Commissioner or the Public Prosecutor of the jurisdiction in which the court-appointed administrator is based, may, by reasoned decision and after giving the interested party formal notice to submit its observations, remove from the list referred to in Article…

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Article L811-7 of the French Commercial code

For the joint practice of their profession, court-appointed administrators may form entities with legal personality among themselves, with the exception of legal forms that confer the status of trader on their partners. They may also be members of an economic interest grouping or a European economic interest grouping or partners in a holding company governed by Title IV of Law no. 90-1258 of 31 December 1990 relating to the practice…

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Article L811-7-1-A of the French Commercial code

The court-appointed administrator may practise his profession within the framework of a société pluri-professionnelle d’exercice, provided for in Title IV bis of Law no. 90-1258 of 31 December 1990 relating to the practice in the form of companies of liberal professions subject to a legislative or regulatory status or whose title is protected and to companies for the financial participation of liberal professions, the purpose of which is the joint…

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Article L811-7-1 of the French Commercial code

A court-appointed administrator may exercise his profession as an employee of a natural or legal person registered on the list provided for in article L. 811-2. A natural person registered on this list may not employ more than two salaried court-appointed administrators. A legal entity registered on the said list may not employ more than twice the number of salaried court-appointed administrators than the number of associate court-appointed administrators practising…

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Article L811-8 of the French Commercial code

The cases handled by a court-appointed administrator who leaves office, for whatever reason, shall be distributed by the court among the other administrators within three months of leaving office. However, in the interests of the proper administration of justice, the court may authorise the former court administrator to continue to deal with one or more ongoing cases, unless a striking off is the reason for leaving office. This judicial administrator…

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