If it transpires that sums have been received on account and that they are found to exceed the amounts set out in Article R. 663-36, they shall be immediately returned.
The decision authorising the payment of an advance or fixing the remuneration of the court-appointed administrators, plan implementation commissioners, court-appointed agents and liquidators may be contested by the court-appointed agent concerned, the debtor or the public prosecutor. Within fifteen days of its date, it is communicated to the public prosecutor and, as the case may be, to the judicial administrator or the judicial representative concerned by the court registrar and…
The request for a fee may be made within one month of the communication or notification provided for in the previous article, orally or in writing, to the registry of the judicial tribunal or the court of appeal. It shall state the reasons on which it is based. The president of the judicial court, or the magistrate delegated by him for this purpose, shall rule on the application under the…
Actions by court-appointed administrators, plan executioners, judicial representatives and liquidators relating to remuneration shall be barred after six months from the notification provided for in Article R. 663-38.
The provisions relating to the remuneration and costs and expenses of the liquidator are applicable to the agent appointed pursuant to the third paragraph of Article L. 643-9. The methods for calculating emoluments are determined without taking into account the plurality of assignments. The remuneration provided for in Article R. 663-25 is, where applicable, broken down according to the tasks assigned to the agent.
The official receiver shall determine how the funds paid into a deposit account at the Caisse des dépôts et consignations are to be used to carry out this mission.
The official receiver or, if he has ceased to hold office, the president of the court, on the observations of the liquidator and the agent, shall determine, after obtaining the opinion of the public prosecutor, the portion of the remuneration which would have been due to the liquidator had he continued his mission, which shall accrue to the agent thus appointed.
The liquidator’s remuneration is determined by the president of the court on the basis of a detailed account. Where appropriate, the president of the court then makes a final decision on the remuneration due to the liquidator.
The threshold mentioned in Article L. 663-3 is set at the sum of 1,500 euros (excluding VAT). The sum levied in accordance with the provisions of article L. 663-3-1 is : 1,200 euros (excl. VAT) if the assets declared are equal to or less than 1,000 euros; 1,500 euros (excl. VAT) if the assets declared are greater than 1,000 euros. .
The administration committee of the fund established by article L. 663-3 is chaired by a magistrate from the Cour des Comptes (Court of Auditors) appointed by the first president of this court. It includes a representative of the Minister of Justice and a member of the Conseil national des administrateurs judiciaires et des mandataires judiciaires, appointed by the Minister of Justice on a proposal from this Council. A representative of…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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