Article D814-42-1 of the French Commercial code
November 4, 2023
The threshold mentioned in article R. 814-42 is set at ten terms.
The threshold mentioned in article R. 814-42 is set at ten terms.
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…
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….
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…
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…
Occasional checks may be carried out unannounced.
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.
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…
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.
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…
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75001, Paris France
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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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