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Article R811-37 of the French Commercial code

November 4, 2023

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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Article R811-38 of the French Commercial code

November 4, 2023

If the court-appointed administrator has been authorised to continue handling one or more cases, the commission shall ensure that a reasoned decision has been issued for each of them and that the interested party complies with and is able to comply with the provisions of the articles L. 811-10, L. 811-16 and L. 814-5.

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Article R811-39 of the French Commercial code

November 4, 2023

Each year, and by 31 December at the latest, judicial administrators removed from the list and authorised to continue handling one or more cases shall make a declaration to the public prosecutor of their place of residence, the Conseil national des administrateurs judiciaires et des mandataires judiciaires, the Caisse de garantie, the regional inspecting magistrate competent for the jurisdiction of the court of appeal of their place of residence and…

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Article R811-40 of the French Commercial code

November 4, 2023

A magistrate appointed by the Keeper of the Seals, Minister of Justice, from among the magistrates of the public prosecutor’s offices is responsible, for the jurisdiction of one or more courts of appeal, for inspecting judicial administrators, including those appointed under the conditions of the second paragraph of article L. 811-2. An alternate magistrate is appointed under the same conditions. A magistrate appointed by the Minister and placed under the…

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Article R811-41 of the French Commercial code

November 4, 2023

Regional inspecting magistrates carry out inspections at the request of the Government Commissioner or the coordinating magistrate. They may also carry out inspections on their own initiative. They shall inform the coordinating magistrate of the inspections they intend to carry out. The coordinating magistrate may carry out any inspection on his own initiative.

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Article R811-42 of the French Commercial code

November 4, 2023

In carrying out their duties, these magistrates have a general power of investigation, verification and control. They may be assisted in carrying out inspections by any persons registered on the list of statutory auditors drawn up pursuant to article L. 822-1 as well as any expert or person of their choice. The costs incurred by this assistance are advanced by the National Council. They are recovered from the inspected professional…

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Article R811-42-1 of the French Commercial code

November 4, 2023

Within two months of the completion of the inspection operations, the member of the judiciary who carried out the inspection draws up a draft report and sends it to the inspected professional by registered letter with acknowledgement of receipt. The inspected professional has one month from the date of receipt to make any comments. At the end of this period, a final report is drawn up by the magistrate who…

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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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French Business Lawyers

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Contacts
Linkedin

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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