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Article R51 of the French Code of Criminal Procedure

The notification provided for by Article 706-37 is made by registered letter with acknowledgement of receipt. Where it appears from the acknowledgement of receipt that the addressee is unknown at the address indicated, notification is made by the police or gendarmerie services. The copy of the registered letter or the police or gendarmerie report is appended to the proceedings. This information is not given to persons who are themselves the…

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Article R51-1 of the French Code of Criminal Procedure

As soon as proceedings are initiated, where they concern an establishment whose owner or operator is registered in the Trade and Companies Register, the Public Prosecutor shall send the Registrar of the Commercial Court within whose jurisdiction the establishment is located a request that the information mentioned in Article 706-37. This requisition, drawn up in duplicate, specifies: -the identity of the operator of the business: surname and forenames for natural…

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Article R53 of the French Code of Criminal Procedure

A list of ad hoc administrators is drawn up every four years within the jurisdiction of each court of appeal. It may be updated annually as necessary. The list of ad hoc administrators is made available to the public on the premises of the secretariat of the court of appeal and of the judicial courts. It may also be displayed on these premises.

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Article R53-1 of the French Code of Criminal Procedure

An individual may only be included on the list if he or she meets the following conditions: 1° Be at least thirty and no more than seventy years of age; 2° Have been known for a sufficient period of time for their interest in children’s issues and their competence; 3° Have their residence within the jurisdiction of the Court of Appeal or neighbouring Courts of Appeal; 4° Not have been…

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Article R53-2 of the French Code of Criminal Procedure

In order for a legal entity to be registered on a list of ad hoc administrators, proof must be provided: 1° That the managers of the legal entity meet the conditions laid down in 4° and 5° of the preceding article; 2° That each of the persons likely to act as an ad hoc administrator on behalf of the legal entity meets the conditions laid down in the said article.

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Article R53-3 of the French Code of Criminal Procedure

Applications for registration are addressed to the public prosecutor at the judicial court within whose jurisdiction the candidate resides. The public prosecutor examines the applications. He obtains the opinion of the examining magistrate, the guardianship judge and, where applicable, the children’s judge. He forwards the file, for the opinion of the general assembly of the court, to the president of the judicial court. The public prosecutor then forwards the file…

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Article R53-4 of the French Code of Criminal Procedure

Every four years, the ad hoc administrators on the list provided for in Article R. 53 make a new application for registration, which is processed in accordance with the provisions of Article R. 53-3. On this occasion, they provide proof that they have complied with the obligations arising from the missions entrusted to them, and in particular those set out in Article R. 53-8.

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Article R53-5 of the French Code of Criminal Procedure

The striking off of an ad hoc administrator may be pronounced each year by the general assembly of the court of appeal, either at the request of the person concerned or on the initiative of the first president or the public prosecutor, after the person concerned has been given the opportunity to present his observations, provided that one of the conditions set out in articles R. 53-1 and R. 53-2…

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Article R53-6 of the French Code of Criminal Procedure

Where, within the jurisdiction of the court of appeal, it is not possible to appoint one of the persons on the list provided for in Article R. 53 or that this list has not yet been drawn up, and one of the persons close to the child cannot be called upon, the appointment of an ad hoc administrator pursuant to Article 706-50 is made, on a provisional basis and until…

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Article R53-7 of the French Code of Criminal Procedure

The appointment of an ad hoc administrator under the provisions of Article 706-50 is notified to the minor’s legal representatives and may be appealed by them within ten days of notification. This appeal does not have suspensive effect. It is brought before the Investigating Chamber or the Criminal Appeals Chamber.

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