Section 5: Remuneration of the ad hoc agent, the conciliator, the agent for the implementation of the agreement and the expert.

The terms of remuneration of the ad hoc agent, the conciliator, the agent for the execution of the agreement and the expert mentioned in article L. 611-14 include the criteria on the basis of which it will be determined, its maximum amount and, where applicable, the amount or terms of payment of provisions.

The proposals made by the mandataire ad hoc or the conciliator to the debtor on the terms of his remuneration shall be attached to the request mentioned in Article R. 611-18 or at the request mentioned in article R. 611-22. The proposals made by the conciliator are forwarded without delay by the court clerk to the public prosecutor. The Chairman may only appoint an ad hoc representative or a conciliator…

The debtor’s agreement on the terms of remuneration of the mandataire ad hoc, the conciliator or the expert shall be recorded in writing prior to their appointment. It shall be appended to the appointment order.

If the mandataire ad hoc, conciliator or expert considers in the course of his mission that the maximum amount of remuneration set by the order appointing him is insufficient, he shall inform the president of the court. The president of the court shall set the new terms of remuneration in agreement with the debtor and after obtaining the opinion of the public prosecutor in the case of recourse to conciliation….

The court clerk notifies the order fixing the remuneration to the ad hoc agent, the conciliator, the agent for the execution of the agreement and the expert, as well as to the debtor. The decision taken in the event of recourse to conciliation is communicated without delay to the Public Prosecutor’s Office. An appeal may be lodged against it by the debtor, the mandataire ad hoc, the conciliator, the mandataire…

The terms of remuneration for the assignment, the purpose of which is to organise a partial or total sale of the company, are set after consultation with the public prosecutor. The president of the court sets the remuneration at the end of the assignment. His decision is communicated by the court clerk to the public prosecutor. The provisions of article R. 611-50 are applicable. When the assignment prepared as part…

The decision which provides for the benefit of provisions to the agent for the execution of the agreement, pursuant to Article R. 611-47, may specify that they will be allocated at the end of each of the years of the execution of the agreement. The annual amount of the advance shall be set by order communicated by the Registrar to the Public Prosecutor.