Section 2: Supervision, inspection and discipline

In the cases provided for in Article L. 811-13 the provisional suspension is ordered by the judicial court to which the matter has been referred either by the public prosecutor or by the president of the Conseil national des administrateurs judiciaires et des mandataires judiciaires, by writ of summons served on a fixed date. When the action is initiated by the public prosecutor, the latter informs the president of the…

The proceedings before the court shall be public. However, the court may decide that the proceedings will not be public if the receiver being sued expressly so requests or if their public nature would be prejudicial to public policy, a secret protected by law or business secrecy. This is mentioned in the decision. The court shall rule publicly, after the public prosecutor has made his submissions and the court-appointed administrator…

The decision is notified by the registry, by registered letter with acknowledgement of receipt, to the person concerned and to the President of the National Council. It shall indicate the time limit and procedures for appealing against the decision.

The automatic termination of the provisional suspension pursuant to Article L. 811-13 and the decisions ending the provisional suspension are immediately notified by the public prosecutor to the court-appointed administrator and the provisional administrator appointed. The provisional administrator’s assignment ends upon receipt of this notification.

The appeal in matters of provisional suspension shall be lodged by declaration at the registry of the court of appeal. The appellant shall notify his appeal to the other parties by registered letter with acknowledgement of receipt.

The appeal is lodged within a period of fifteen days which runs, with regard to the public prosecutor, from the day of the decision. The same applies to the court-appointed administrator if the decision was made in his presence or in the presence of his defence counsel. In other cases, the time limit runs from the date of notification of the decision, and in particular where the President of the…

The appeal shall be investigated and judged in accordance with the rules applicable to proceedings without compulsory representation. The President of the National Council or his representative may be heard, if he so requests, by the Court of Appeal. The decision of the Court of Appeal is notified, by registered letter with acknowledgement of receipt, to the persons mentioned in article R. 811-50.