French Commercial code
In forceI. - List of acts performed by the trainee pursuant to article A. 811-25 :
- mission of assistance to the debtor in safeguard or receivership proceedings;
- mission of supervision of the debtor in safeguard proceedings;
- mission of administration in receivership proceedings;
- mission of judicial administrator during the provisional maintenance of the business in judicial liquidation proceedings ;
- action to extend proceedings;
- acts unrelated to the day-to-day management of the business during the observation period of the safeguard and receivership proceedings;
- litigation relating to a claim for revendication or restitution that has given rise to a decision by the official receiver;
- actions for the continuation or termination of contracts in progress ;
- action relating to the continuation or termination of the lease of business premises;
- action for nullity of the suspect period;
- application for conversion of proceedings;
- diagnosis in safeguard or receivership proceedings;
- economic, social and environmental assessment in safeguard or receivership proceedings ;
- preparation of an employment safeguard plan;
- meeting of staff representative institutions;
- notification of redundancies;
- mission to monitor implementation of the plan, actions initiated or pursued in the collective interest of creditors, execution of acts enabling implementation of the plan and annual report provided for in Article R. 626-43 in safeguard or receivership proceedings;
-assistance to the debtor in the preparation of a project having as its object a substantial modification in the objectives or means of the plan;
- presentation to the court of an application for resolution of the plan in safeguard or receivership proceedings;
- assignment to collect and distribute dividends determined by the safeguard or receivership plan;
- registration of claims on the list provided for in Article R. 622-15 ;
- preparation of a safeguard or recovery plan;
- preparation of a disposal plan in safeguard or receivership proceedings;
- supervisory role in the execution of the deeds of the disposal plan ;
- report on the continuation of business and the renewal of the observation period;
- representation of the debtor at a hearing of the commercial court in safeguard, receivership or compulsory liquidation proceedings;
- declaration to the service mentioned in article L. 561-23 of the Monetary and Financial Code ;
- application for a change of engagement;
- application for taxation of emoluments;
- application for closure of proceedings;
- entry of accounting entries for quarterly statements and specific diligence for the accounting of the Caisse des dépôts et des consignations.
II. - List of acts performed by the trainee pursuant to article A. 812-24 :
- mission of judicial representative in safeguard and receivership;
- mission of liquidator in judicial liquidation;
- mission of judicial representative when the continuation of the business has been authorised pursuant to article L. 641-10 ;
- mission de mandataire judiciaire en procédure de rétablissement professionnel ou de liquidateur en liquidation judiciaire simplifiée ;
- action en extension de procédure ;
- requête en conversion de procédure ;
- avis sur le renouvellement de la période d'observation ;
- établissement des rapports en procédure de liquidation judiciaire ;
- request for the appointment of a technician;
- intervention of the judicial representative in the procedure for the continuation of the ongoing contract in safeguard and receivership proceedings;
- registration of declared and unverified claims, as well as claims entered on the list provided for in Article R. 622-15 during the safeguard, receivership or compulsory liquidation proceedings;
- verification of claims other than wage claims, entered on the statement of claims mentioned in article R. 624-8 during receivership or compulsory liquidation proceedings;
- drawing up statements of employee claims during safeguard, receivership or compulsory liquidation proceedings;
- contesting claims other than employee claims whose admission or rejection has given rise to a decision by the official receiver entered on the statement of claims mentioned in article R. 624-8 during the safeguard, receivership or compulsory liquidation proceedings;
- litigation relating to a claim for revendication or restitution that has given rise to a decision by the official receiver;
- action for nullity of the suspect period during the receivership or compulsory liquidation proceedings;
- mission of distributing funds between creditors entrusted by the court to the mandataire judiciaire during the safeguard, receivership or compulsory liquidation proceedings ;
- consultation of creditors preparatory to the adoption of the safeguard or receivership plan;
- opinion on draft safeguard, receivership or disposal plans;
- report on the progress of the safeguard or receivership plan;
- mission of commissaire à l'exécution du plan de continuation en procédure de sauvegarde ou de redressement judiciaire ;
- drafting of a partial or total disposal plan during the judicial liquidation procedure;
- debt collection or debt recovery during the judicial liquidation procedure;
- realisation of movable assets during the judicial liquidation procedure;
- realisation of business assets during the judicial liquidation procedure;
- realisation of real estate during the judicial liquidation procedure ;
- action for termination or continuation of current contracts by the liquidator;
- preparation of an employment safeguard plan;
- meeting of staff representative institutions;
- notification of redundancies;
- establishment of wage claims;
- distribution to creditors mentioned in Article L. 622-24 and payments of the claims referred to in I of Article L. 641-13;
- establishment of a statement of distribution in simplified judicial liquidation;
- distribution of the company's assets among the creditors;
- application for authorisation to regularise a transaction or compromise in judicial liquidation ;
- initiation or resumption of legal proceedings in progress;
- representation of creditors at court hearings;
- representation of the debtor at court hearings in compulsory liquidation proceedings;
- monitoring of industrial tribunal disputes;
- declaration to the service mentioned in article L. 561-23 of the Monetary and Financial Code;
- action to impose sanctions on the director (report to the Public Prosecutor's Office or summons for liability for insufficient assets, personal bankruptcy or management ban);
- request for an advance from the Fund for financing impecunious cases ;
- request for advance of costs from the Treasury;
- request for taxation of emoluments;
- request for closure of proceedings;
- entry of accounting entries for quarterly statements and specific diligence for the accounting of the Caisse des dépôts et des consignations.
