Section 4: Accounts, deposit of funds, controls and miscellaneous provisions

Administrators and mandataires judiciaires open, for each mandate received, within the framework of special accounts, an account that records all movements relating to that mandate as well as transactions linked to those movements. The special accounts of each judicial administrator and each judicial representative, closed on 30 June and 31 December, are audited by a statutory auditor. The judicial representative shall notify the chosen statutory auditor by registered letter with…

The statutory auditor shall inform the regional inspecting magistrate, the coordinating magistrate referred to in Article R. 811-40 and the President of the National Council of any anomalies or irregularities, whether or not affecting the representation of funds, of which he becomes aware during the performance of his duties. He discloses any criminal acts of which he becomes aware to the public prosecutors at the judicial courts within whose jurisdiction…

Each mandate, whether judicial or amicable, received by the court-appointed administrator or the judicial representative is entered in chronological order of arrival at the firm in a register mentioning, in particular, the order number, the name of the mandating court or the capacity of the principal, the date of the appointment decision, the name of the case, the nature of the mission, the identification of the financial institutions with which…

The special accounts of court-appointed administrators and representatives are kept in double-entry form. It must include a journal book, auxiliary journals, a general ledger, auxiliary ledgers of individual accounts opened for each mandate, a balance, a collection of periodic statements and receipts for cash payments. It complies with the professional rules set out in article R. 814-3.

The auxiliary journals mention in chronological order all the transactions mentioned in Article R. 814-29. For each transaction, they indicate the date, the name of the transaction, the description of the transaction and its amount. In the case of cash receipts, the number of the receipt is given opposite the cash receipt in a column of the journal book reserved for this purpose.

Statements are drawn up each quarter by court-appointed administrators and judicial representatives for all mandates that have not been the subject of a rendering of accounts. These statements mention for each mandate: the number of the case in the register, the name of the case, the name of the mandating court or the capacity of the mandator, the date of the appointment decision, the nature of the assignment concerned, the…

The court-appointed administrator or the court-appointed agent sends the statements provided for in the previous article within fifteen days of the end of the quarter to the registry of the commercial court and, where applicable, of the judicial court, as well as to the public prosecutor at the judicial court within whose jurisdiction he has his professional domicile, for all of his mandates. He sends the same statements to the…

A numbered receipt is issued for each cash remittance. The series of numbers is unbroken; receipts must be used in numerical order. Each receipt shall state the name and address of the legal representative, the date of the receipt, its amount in words and figures, the name and address of the paying party, the name of the case to which this settlement applies and the cause of the settlement.

At all times, the total sums for which the court-appointed administrator or mandataire is accountable under a mandate must be covered by funds, bills, securities and other valuables belonging to others deposited in accounts opened at the Caisse des dépôts et consignations and in other financial institutions, and by cash on hand. Funds held under a mandate may under no circumstances be used for the benefit of another mandate.

The thresholds mentioned in Article L. 814-15 are set: 1° At 250 employees employed by the debtor on the date of the application to open proceedings, this number being determined in accordance with the provisions of 4° of Article R. 621-1; 2° 20 million euros in turnover, defined in accordance with the provisions of the sixth paragraph of Article D. 123-200, assessed on the closing date of the last accounting…