Article L812-7 of the French Commercial code
November 7, 2023
People on the list are expected to carry out their duties throughout France.
People on the list are expected to carry out their duties throughout France.
The status of judicial representative registered on the list is incompatible with the exercise of any other profession. It is, moreover, incompatible with: 1° All activities of a commercial nature, whether exercised directly or through an intermediary ; 2° Being a partner in a société en nom collectif, a general partner in a société en commandite simple or par actions, the manager of a société à responsabilité limitée, the chairman…
The persons mentioned in III of article L. 812-2 are subject to the rules of incompatibility set out in their statutes.
The provisions relating to the supervision, inspection and discipline of judicial administrators set out in articles L. 811-11 to L. 811-15-1 are applicable to judicial representatives. The national registration commission sits as a disciplinary chamber. The Government Commissioner shall exercise the functions of the Public Prosecutor.
No one may use the title of judicial representative, other than for the mission entrusted to him or her under the first paragraph of II of Article L. 812-2, of III of that same article and of the second paragraph of Article L. 812-6, if he is not registered on the list of judicial representatives. Any breach of this provision is punishable by the penalties incurred for the offence of…
Company diagnostic experts are appointed in court to draw up a report on the economic and financial situation of a company in the event of conciliation proceedings or safeguard or receivership proceedings, or to assist in drawing up such a report in the event of safeguard or receivership proceedings. These experts must not, over the previous five years, have received in any capacity whatsoever, directly or indirectly, any remuneration or…
I.-A Commission nationale d’inscription et de discipline des administrateurs judiciaires et des mandataires judiciaires comprising: 1° A councillor at the Cour de cassation, chairman of the commission, appointed by the first chairman of the Cour de cassation; 2° A member of the Conseil d’Etat appointed by the vice-chairman of the Conseil d’Etat; 3° A member of the Cour des comptes appointed by the first chairman of the Cour des comptes;…
Appeals against the decisions of the committee, both in terms of registration or withdrawal and in terms of discipline, are brought before the Paris Court of Appeal. These appeals have suspensive effect.
The professions of court-appointed administrator and court-appointed agent are represented in dealings with the public authorities by a National Council of Court-appointed Administrators and Court-appointed Agents, a non-profit organisation with legal personality, responsible for defending the collective interests of these professions. The National Council may, before all courts, exercise all the rights reserved to civil parties in respect of acts that are directly or indirectly prejudicial to the collective interests…
The purpose of a fund with legal personality and managed by the contributors is to guarantee the reimbursement of funds, effects or values received or managed by each court-appointed administrator and each court-appointed agent registered on the lists, in connection with the operations for which they are responsible by virtue of their duties. Two magistrates from the public prosecutor’s office are appointed to act as Government commissioners for the fund,…
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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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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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