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Subsection 3: Procedure for registration on the list of court-appointed administrators and revision of the list.

Article R811-29 of the French Commercial code

On receipt of the complete file from a person mentioned in Article R. 811-27, a receipt is issued. The national commission shall reach a reasoned decision within four months of the issue of the receipt. The decision by which the national commission draws up the list of candidates subject to the knowledge-testing examination shall specify, where applicable, the subjects on which each candidate is tested in the light of his…

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Article R811-30 of the French Commercial code

The national commission shall register on the list the companies of judicial administrators provided for by the first sentence of the first paragraph of Article L. 811-7 and the multi-professional practice partnerships provided for by article L. 811-7-1-A as well as each of the partners practising the profession. The name of each partner is followed by a reference to the firm’s name or business name. Belonging to the other groups…

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Article R811-31 of the French Commercial code

The application for registration on the list of court-appointed administrators shall be sent by registered letter with acknowledgement of receipt to the secretary of the commission. It shall be accompanied by the following supporting documents: 1° Documents establishing the applicant’s civil status and nationality; 2° A copy of the qualifications and diplomas he or she intends to rely on or, failing this, a certificate from the authorities authorised to issue…

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Article R811-31-1 of the French Commercial code

When the court-appointed administrator wishes to change the mention of the speciality, civil or commercial, on the list provided for in Article L. 811-2 or add a new entry, the request for amendment or addition shall be sent by registered letter with acknowledgement of receipt to the secretariat of the commission. It is accompanied by the certificate of achievement referred to in article R. 811-28-6 corresponding to the speciality mention…

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Article R811-33 of the French Commercial code

Before taking a decision, the committee requests the opinion of the National Council by registered letter with a request for a reasoned opinion of receipt. The Council has one month in which to give this opinion. The commission, after hearing the Government Commissioner, takes a decision on registration or refusal of registration; it may also order further information. Reasons must be given for decisions to refuse registration. The committee may…

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Article R811-34 of the French Commercial code

The committee may only rule on registration in the presence of the chairman and at least five of its members. Where one of the members or the chairman of the committee has authority over the applicant or is related to him or her by blood or marriage up to and including the fourth degree, he or she shall abstain from sitting. No refusal of registration may be made by the…

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Article R811-35 of the French Commercial code

The Commission’s decision is notified to the interested party, the President of the National Council and the Government Commissioner by registered letter with acknowledgement of receipt. It is also notified to the Minister of Justice in administrative form. When a registration decision is taken, a copy is sent to the president of the guarantee fund. The letter of notification shall mention, on pain of nullity, the time limit for appeal…

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Article R811-36 of the French Commercial code

The commission updates the list of court-appointed administrators at least once a year. It takes into account transfers of professional domicile, changes of address of professional premises and the creation or abolition of branch offices. It deletes the names of those who have died, resigned or been struck off or withdrawn. Amendments are sent by the commission to the public prosecutor at the court of appeal within whose jurisdiction the…

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Article R811-37 of the French Commercial code

The request for withdrawal from the list of court-appointed administrators submitted by a court-appointed administrator shall be sent by registered letter with acknowledgement of receipt to the secretary of the commission. It shall be accompanied by: 1° A certificate from the statutory auditor who audits the special accounts of the judicial administrator certifying that all the third-party accounts opened in the professional’s name at the Caisse des dépôts et consignations…

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