French Business Law - French Legislation

Article R814-42-2 of the French Commercial code

November 4, 2023

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…

Article R814-43 of the French Commercial code

November 4, 2023

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….

Article R814-44 of the French Commercial code

November 4, 2023

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…

Article R814-45 of the French Commercial code

November 4, 2023

The audit is carried out by three auditors: 1° Two judicial administrators or judicial representatives appearing on the list provided for in Article R. 814-44 and who do not carry on their business in the same jurisdiction as the audited professional, one of whom may be replaced, in the case of an occasional audit, by one of the persons specially authorised for this purpose; 2° A statutory auditor appearing on…

Article R814-46 of the French Commercial code

November 4, 2023

Occasional checks may be carried out unannounced.

Article R814-47 of the French Commercial code

November 4, 2023

The audited professional may ask a colleague of his choice to assist him during the audit. He may also ask the statutory auditor who carried out the audit of his accounts pursuant to article R. 814-29 or a chartered accountant of his choice to attend the audit.

Article R814-48 of the French Commercial code

November 4, 2023

If inspectors discover irregularities relating to the management and representation of funds, securities, bills and other assets held on behalf of third parties, they shall immediately notify the public prosecutor, the regional inspecting magistrate, the Government commissioner attached to the National Registration and Disciplinary Commission, the coordinating magistrate mentioned in l’article R. 811-40, the President of the Conseil national and, depending on the case, the President of the relevant regional…

Article R814-49 of the French Commercial code

November 4, 2023

Where controllers show negligence or incapacity in the performance of their duties, they are liable to have their approval withdrawn without prejudice, where appropriate, to disciplinary proceedings.

Article R814-50 of the French Commercial code

November 4, 2023

The title of honorary judicial administrator or honorary judicial representative may be conferred by the Commission nationale d’inscription et de discipline. Honorary status may only be conferred on persons who have practised for at least twenty years. Periods during which the person concerned has practised as a receivership trustee, company receivership trustee and liquidator, sequestration trustee with the Paris judicial court, court-appointed administrator, or court-appointed agent will be taken into…

Article R814-51 of the French Commercial code

November 4, 2023

In the exercise of their functions, judicial administrators and judicial representatives registered on the lists drawn up by the Commission nationale d’inscription et de discipline wear a toga, closed at the front, with wide sleeves, a black cap, and a tie similar to that of judges.

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French Commercial code

Article R814-42-2 of the French Commercial code

Article R814-43 of the French Commercial code

Article R814-44 of the French Commercial code

Article R814-45 of the French Commercial code

Article R814-46 of the French Commercial code

Article R814-47 of the French Commercial code

Article R814-48 of the French Commercial code

Article R814-49 of the French Commercial code

Article R814-50 of the French Commercial code

Article R814-51 of the French Commercial code

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French Commercial code

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