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Article R814-38 of the French Commercial code

The provisions of articles R. 814-29 to R. 814-41 also apply to judicial representatives authorised to continue one or more cases in progress after their withdrawal from the professional list, under the conditions set out in articles L. 811-8 and L. 812-6, as well as to natural persons designated by the courts under the conditions set out in the second paragraph of Article L. 811-2 and by the first paragraph…

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Article R814-39 of the French Commercial code

Available sums deposited in bank accounts opened in the name of a debtor who has been the subject of a judgment adopting an assignment plan must be paid to the Caisse des dépôts et consignations within fifteen days of the pronouncement of this judgment. These bank accounts may nevertheless continue to be used to cover bills or means of payment issued prior to the date of the judgment.

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Article R814-40 of the French Commercial code

When a court-appointed administrator or a judicial representative deposits funds with the Caisse des dépôts et consignations in a remunerated global account, he shall show once a quarter and at the end of his assignment, in special accounts as well as on the statements provided for in Article R. 814-34, the sums arising from interest generated for the benefit of each company. These sums are calculated in proportion to the…

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Article R814-41 of the French Commercial code

Judicial administrators in the exercise of the mandates entrusted to them in civil matters are required to deposit in an account opened in their name at the Caisse des dépôts et consignations, as soon as they are received, all the funds they have received in the context of legal assignments, including provisions for costs and fees. These sums may not be withdrawn for their benefit until their fees or provisions…

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Article R814-41-1 of the French Commercial code

The provisions of this subsection apply to the persons mentioned in III of Article L. 812-2 with the exception of articles R. 814-38 and R. 814-41, including where they have been authorised to continue one or more cases in progress after leaving office under the conditions provided for in Article L. 812-6. The information provided for in the first paragraph of Article R. 814-30.

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Article R814-42 of the French Commercial code

Every three years, each professional is subject to an inspection covering all of his or her activity. As an exception to the previous paragraph, the person mentioned in III of Article L. 812-2 is subject to an inspection, which relates to the activity for which it has been appointed, when the number of mandates thus exercised exceeds a threshold set by decree, without the period between two inspections being less…

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Article R814-42-2 of the French Commercial code

The occasional inspection is prescribed by the President of the National Council, the Public Prosecutor, the Attorney General, the Keeper of the Seals, Minister of Justice, the Government Commissioners at the National Registration and Disciplinary Commission, the regional inspecting magistrates or the coordinating magistrate mentioned in Article R. 811-40. The inspectors may receive observations from the presidents of the civil and commercial courts of first instance within whose jurisdiction the…

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Article R814-43 of the French Commercial code

Before the end of each year, the President of the National Council shall send to the Minister of Justice, the list of the members of each profession that the Council’s Bureau has designated as being subject to periodic inspection during the following year. This list is also sent to the Government Commissioner at the National Registration and Disciplinary Board, as well as to the coordinating magistrate mentioned in Article R….

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Article R814-44 of the French Commercial code

I. – Before the end of the third quarter of each year, the President of the National Council shall submit for the approval of the Minister of Justice, a list of court-appointed administrators and court-appointed representatives likely to carry out inspections during the following year. This list shall include at least twenty judicial administrators and at least forty judicial representatives. II. – The President of the Chambre nationale des huissiers…

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