Company diagnostic experts are appointed in court to draw up a report on the economic and financial situation of a company in the event of conciliation proceedings or safeguard or receivership proceedings, or to assist in drawing up such a report in the event of safeguard or receivership proceedings.
These experts must not, over the previous five years, have received in any capacity whatsoever, directly or indirectly, any remuneration or payment from the natural person or legal entity that is the subject of an administrative, assistance or supervisory measure or from a person who holds control of this legal entity, nor must they have been in a situation of subordination in relation to the natural person or legal entity concerned. They must also have no interest in the mandate given to them.
Experts thus appointed must certify on their honour, when accepting their mandate, that they comply with the obligations listed in the previous paragraph.
These experts may be chosen from among the experts in this speciality entered on the lists drawn up, for the information of judges, pursuant to Article 2 of Law no. 71-498 of 29 June 1971 relating to legal experts.
Each court of appeal registers experts in this speciality in accordance with the provisions of article 2 of law no. 71-498 of 29 June 1971 relating to legal experts.