Subsection 1: Supervision and inspection.

Administrators in bankruptcy are placed under the supervision of the public prosecutor. In the course of their professional activity, they are subject to inspections entrusted to the public authorities, on the occasion of which they are required to provide any useful information or documents without being able to oppose professional secrecy. The organisation and procedures of these inspections are determined by decree in the Conseil d’Etat. As part of the…

Court-appointed administrators are required to appoint a statutory auditor who is responsible for auditing their special accounts and, in this capacity, carries out a permanent task of auditing all funds, bills, securities and other assets belonging to third parties, of which the court-appointed administrators are the sole holders by virtue of a mandate received in the performance of their duties. This control also covers bank or postal accounts opened for…

Statutory auditors shall inform the authorities entrusted with the supervision, inspection and control of court-appointed administrators of the results of their assignment and report any anomalies or irregularities of which they become aware during the performance of their assignment, in accordance with the conditions laid down by decree of the Conseil d’Etat.

The auditor of a debtor subject to safeguard, receivership or compulsory liquidation proceedings may not invoke professional secrecy in response to requests from the auditor of the court-appointed administrator for disclosure of any information or documents relating to the operation, as from the appointment of the administrator, of bank or postal accounts opened in the name of the debtor.