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Article L811-12 A of the French Commercial code

Any contravention of laws and regulations, any breach of professional rules, any breach of probity or honour, even relating to acts committed outside the course of professional practice, exposes the judicial administrator who is the perpetrator to disciplinary proceedings.

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Article L811-12 of the French Commercial code

Disciplinary proceedings are initiated by the Minister of Justice, the Public Prosecutor at the Court of Appeal within whose jurisdiction the acts were committed, the public prosecutor appointed for inspections of judicial administrators for acts committed by administrators whose professional domicile is within the jurisdiction of the Courts of Appeal for which he is responsible, the Government Commissioner or the President of the National Council of Judicial Administrators and Judicial…

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Article L811-13 of the French Commercial code

A judicial administrator who is the subject of criminal or disciplinary proceedings may be provisionally suspended from performing his duties by the judicial court of the place where he is established. In urgent cases, provisional suspension may be ordered even before criminal or disciplinary proceedings have been instituted if inspections or checks have revealed risks to the sums received by the judicial administrator by virtue of his duties. The court…

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Article L811-14 of the French Commercial code

Disciplinary action shall be barred after ten years from the commission of the acts or, where the acts relate to professional practice, from the completion of the assignment on the occasion of which they were committed. If the judicial administrator is the perpetrator of acts that have given rise to a criminal conviction, the action shall be barred after two years from the date on which the conviction became final.

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Article L811-15 of the French Commercial code

A court-appointed administrator who is banned, struck off or suspended must refrain from any professional act. Acts performed in disregard of this prohibition may be declared null and void, at the request of any interested party or the public prosecutor, by the court ruling in chambers. The decision is enforceable against any person. Any breach of the foregoing provisions is punishable by the penalties incurred for the offence of usurpation…

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Article L811-15-1 of the French Commercial code

In the event of provisional suspension, prohibition or striking off, one or more provisional administrators, appointed and remunerated under conditions laid down by decree in the Conseil d’Etat, may alone carry out professional acts, continue the execution of current mandates or be appointed to carry out, for the duration of the provisional suspension, new mandates entrusted by the courts. Where the provisional administrator finds that the banned, struck off or…

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Article L811-16 of the French Commercial code

No one may use the title of court-appointed administrator, outside the mission entrusted to him, by virtue of the second paragraph of article L. 811-2 or the second paragraph of Article L. 811-8 if he is not registered on the list of court-appointed administrators. Any breach of this provision is punishable by the penalties incurred for the offence of usurpation of title provided for by Article 433-17 of the Penal…

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