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Article R811-60 of the French Commercial code

The salaried court-appointed administrator may only carry out his duties within a single law firm. The owner of the law firm is civilly liable for the professional activity carried out on his behalf by the salaried court-appointed administrator. The status of salaried court-appointed administrator is assimilated to that of court-appointed administrator for the award of the title of honorary court-appointed administrator.

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Article R811-61 of the French Commercial code

A salaried judicial administrator invested with a mandate as a member of the national registration and disciplinary commission may not participate in deliberations or votes on disciplinary matters concerning the titular judicial administrator of the firm or the associate judicial administrators exercising their functions within the titular firm of the firm in which he is employed. The latter may not, where they are invested with such a mandate, take part…

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Article R811-62 of the French Commercial code

The employment contract shall be drawn up in writing, subject to the suspensive condition of the employee’s registration on the list mentioned in Article L. 811-2 as a court-appointed administrator and his swearing in. The condition is deemed to have been fulfilled on the date of swearing in. It may not contain any clause likely to limit the employee’s freedom of establishment at a later date or to affect his…

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Article R811-63 of the French Commercial code

When the number of court-appointed administrators practising within the firm falls below half the number of salaried court-appointed administrators, the owner of the firm has a period of one year to comply with the provisions of the second paragraph of Article L. 811-7-1.

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Article R811-64 of the French Commercial code

The President of the Conseil national des administrateurs judiciaires et des mandataires judiciaires shall be seised as mediator of any dispute arising from the performance of the employment contract either by application lodged against receipt at the secretariat of the Conseil national, or by registered letter with acknowledgement of receipt. The act of referral shall specify, on pain of inadmissibility, the identity of the parties, the subject matter of the…

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Article R811-65 of the French Commercial code

The Chairman of the National Council summons the parties by registered letter with acknowledgement of receipt within fifteen days of the referral and at least eight days before the date of the mediation session. A copy of the referral document is attached to the summons of the party that did not initiate the mediation. The summons shall specify that the interested parties must appear in person and may be assisted…

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Article R811-66 of the French Commercial code

The Chairman of the National Council, after hearing the parties concerned and gathering all relevant information, shall propose a solution to the dispute if the parties have been unable to reach an agreement. In the event of an agreement, whether total or partial, this shall be recorded in writing, signed by the parties concerned and the Chairman. The original is kept by the Chairman; a copy is given to each…

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Article R811-67 of the French Commercial code

The resignation of the salaried court-appointed administrator, the contractual termination of his employment contract or his retirement is brought to the attention of the national registration and disciplinary commission and the Conseil national des administrateurs judiciaires et des mandataires judiciaires by the employer.

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Article R811-68 of the French Commercial code

Any dismissal envisaged by the employer of a salaried judicial administrator is subject to the prior mediation procedure provided for in articles R. 811-65 to R. 811-67. In the event of serious misconduct, the employer may, before referring the matter to the Chairman of the National Council, notify the employee court-appointed administrator of his immediate dismissal by registered letter with acknowledgement of receipt. If the matter is not referred to…

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