French Commercial code
In forceThe financial administrations, bodies and institutions mentioned in the first paragraph of Article L. 626-6 shall be appointed as auditors if they so request; if the juge-commissaire receives several requests in this respect, he shall appoint a single auditor from among them. The institutions referred to in Article L. 3253-14 of the Labour Code shall also be designated as controllers if they so request.
No relative or ally up to and including the fourth degree of the natural person debtor or of the managers of the legal entity, nor any person holding directly or indirectly all or part of the capital of the debtor legal entity or whose capital is held in whole or in part by the same person, may be appointed as controller or representative of a legal entity designated as controller.
Where the debtor practises a liberal profession subject to a legislative or regulatory statute or whose title is protected, the professional order or competent authority to which, as the case may be, he is subject shall be ex officio controller. In this case, the juge-commissaire may not appoint more than four controllers.
The controller is only liable in the event of gross negligence. He may be represented by one of his employees or by a lawyer. Any creditor appointed as controller may be dismissed by the court at the request of the public prosecutor.
