French Business Law - French Legislation

Article R814-28-4 of the French Commercial code

November 4, 2023

The activities validated under the continuing training obligation are: 1° Participation in actions to adapt and develop skills, acquire, maintain or improve knowledge and training relating to the economy and management of the company. The Conseil national des administrateurs judiciaires et des mandataires judiciaires (National Council of Judicial Administrators and Judicial Representatives) selects from among these those it considers to be a priority; 2° Attendance at colloquia, conferences or seminars,…

Article R814-28-5 of the French Commercial code

November 4, 2023

The training mentioned in 1° to 4° of article R. 814-28-4 shall be completed with the Conseil national des administrateurs judiciaires et des mandataires judiciaires, university establishments or training bodies, registered or having filed a declaration of activity in the process of being registered, in accordance with the provisions of articles L. 6351-1 to L. 6351-8 and R. 6351-1 to R. 6351-7of the Labour Code.

Article R814-28-6 of the French Commercial code

November 4, 2023

Organisations providing training as defined in 1° to 4° of article R. 814-28-4 shall issue the person who has completed the activities validated as continuing education with a certificate stating the objectives, content, duration and date of completion of the activity. In the case of a symposium, conference or seminar, this document attests to the professional’s attendance at the event.

Article R814-28-7 of the French Commercial code

November 4, 2023

Administrators judiciaire and mandataires judiciaires shall declare, by 31 January at the latest, to the Conseil national des administrateurs judiciaires et mandataires judiciaires the conditions under which they have fulfilled their continuing training obligation during the past year. The supporting documents needed to verify compliance with this obligation are attached to this declaration. The National Council sends the coordinating magistrate mentioned in the second paragraph of the article R. 811-40,…

Article R814-29 of the French Commercial code

November 4, 2023

Administrators and mandataires judiciaires open, for each mandate received, within the framework of special accounts, an account that records all movements relating to that mandate as well as transactions linked to those movements. The special accounts of each judicial administrator and each judicial representative, closed on 30 June and 31 December, are audited by a statutory auditor. The judicial representative shall notify the chosen statutory auditor by registered letter with…

Article R814-30 of the French Commercial code

November 4, 2023

The statutory auditor shall inform the regional inspecting magistrate, the coordinating magistrate referred to in Article R. 811-40 and the President of the National Council of any anomalies or irregularities, whether or not affecting the representation of funds, of which he becomes aware during the performance of his duties. He discloses any criminal acts of which he becomes aware to the public prosecutors at the judicial courts within whose jurisdiction…

Article R814-31 of the French Commercial code

November 4, 2023

Each mandate, whether judicial or amicable, received by the court-appointed administrator or the judicial representative is entered in chronological order of arrival at the firm in a register mentioning, in particular, the order number, the name of the mandating court or the capacity of the principal, the date of the appointment decision, the name of the case, the nature of the mission, the identification of the financial institutions with which…

Article R814-32 of the French Commercial code

November 4, 2023

The special accounts of court-appointed administrators and representatives are kept in double-entry form. It must include a journal book, auxiliary journals, a general ledger, auxiliary ledgers of individual accounts opened for each mandate, a balance, a collection of periodic statements and receipts for cash payments. It complies with the professional rules set out in article R. 814-3.

Article R814-33 of the French Commercial code

November 4, 2023

The auxiliary journals mention in chronological order all the transactions mentioned in Article R. 814-29. For each transaction, they indicate the date, the name of the transaction, the description of the transaction and its amount. In the case of cash receipts, the number of the receipt is given opposite the cash receipt in a column of the journal book reserved for this purpose.

Article R814-34 of the French Commercial code

November 4, 2023

Statements are drawn up each quarter by court-appointed administrators and judicial representatives for all mandates that have not been the subject of a rendering of accounts. These statements mention for each mandate: the number of the case in the register, the name of the case, the name of the mandating court or the capacity of the mandator, the date of the appointment decision, the nature of the assignment concerned, the…

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Regulatory part

Article R814-28-4 of the French Commercial code

Article R814-28-5 of the French Commercial code

Article R814-28-6 of the French Commercial code

Article R814-28-7 of the French Commercial code

Article R814-29 of the French Commercial code

Article R814-30 of the French Commercial code

Article R814-31 of the French Commercial code

Article R814-32 of the French Commercial code

Article R814-33 of the French Commercial code

Article R814-34 of the French Commercial code

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