Judicial administrators summoned to appear before the commission may inspect their file at the secretariat. He shall appear in person; he may be assisted by a lawyer of his choice and, if he so wishes, by a registered receiver.
The commission may hear the author of the complaint. It may have all information gathered and all hearings held.
The Chairman of the Committee appoints one of its members to act as rapporteur for each case. Proceedings before the committee shall be public. However, the committee may decide that the debates will not be public if the receiver being sued expressly so requests or if their public nature would be prejudicial to public policy, a secret protected by law or business secrecy. This shall be mentioned in the decision….
The Secretary of the Commission shall notify the decision to the person concerned, the President of the National Council, the Guarantee Fund, the Government Commissioner and the Public Prosecutor when he has initiated disciplinary proceedings, by registered letter with acknowledgement of receipt. It shall also notify this decision to the Minister of Justice, in administrative form. The notification shall indicate the time limit and procedures for appealing against the decision….
In the cases provided for in Article L. 811-13 the provisional suspension is ordered by the judicial court to which the matter has been referred either by the public prosecutor or by the president of the Conseil national des administrateurs judiciaires et des mandataires judiciaires, by writ of summons served on a fixed date. When the action is initiated by the public prosecutor, the latter informs the president of the…
The proceedings before the court shall be public. However, the court may decide that the proceedings will not be public if the receiver being sued expressly so requests or if their public nature would be prejudicial to public policy, a secret protected by law or business secrecy. This is mentioned in the decision. The court shall rule publicly, after the public prosecutor has made his submissions and the court-appointed administrator…
The decision is notified by the registry, by registered letter with acknowledgement of receipt, to the person concerned and to the President of the National Council. It shall indicate the time limit and procedures for appealing against the decision.
The automatic termination of the provisional suspension pursuant to Article L. 811-13 and the decisions ending the provisional suspension are immediately notified by the public prosecutor to the court-appointed administrator and the provisional administrator appointed. The provisional administrator’s assignment ends upon receipt of this notification.
The appeal in matters of provisional suspension shall be lodged by declaration at the registry of the court of appeal. The appellant shall notify his appeal to the other parties by registered letter with acknowledgement of receipt.
The appeal is lodged within a period of fifteen days which runs, with regard to the public prosecutor, from the day of the decision. The same applies to the court-appointed administrator if the decision was made in his presence or in the presence of his defence counsel. In other cases, the time limit runs from the date of notification of the decision, and in particular where the President of the…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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