French Commercial code
In forceNo one may be appointed in court to perform these functions, subject to the provisions specific to certain matters, in particular those relating to minors and protected adults, or subject to the occasional assignments that may be entrusted to members of the judicial and legal professions in civil matters, unless they are registered on the list drawn up by a national commission set up for this purpose.
However, the court may, after obtaining the opinion of the public prosecutor, appoint as a court-appointed administrator a natural person who can demonstrate particular experience or qualifications with regard to the nature of the case and who meets the conditions defined in 1° to 4° of Article L. 811-5. It shall give special reasons for its decision with regard to this particular experience or qualification.
The persons referred to in the previous paragraph must not, over the previous five years, have received in any capacity whatsoever, directly or indirectly, any remuneration or payment from the natural or legal person who is the subject of an administration, assistance or supervision measure, from a person who holds control of this legal person or of one of the companies controlled by it within the meaning of II and III of Article L. 233-16, nor must they have been in a position to advise the natural person or legal entity concerned or be subordinate to it. In addition, they must have no interest in the mandate given to them and must not be one of the former administrators or court-appointed agents who have been struck off or withdrawn from the lists pursuant to Articles L. 811-6, L. 811-12 et L. 812-4. They are required to carry out the mandates entrusted to them by complying, in the performance of their professional duties, with the same obligations as those imposed on court-appointed administrators registered on the list. They may not perform the duties of a judicial administrator on a regular basis.
Persons appointed pursuant to the second paragraph must, when accepting their mandate, certify on their honour that they meet the conditions set out in 1° to 4° of Article L. 811-5 that they comply with the obligations listed in the previous paragraph and that they are not subject to a ban on practising pursuant to the penultimate paragraph of Article L. 814-10.
When the court appoints a legal entity, it appoints from among its members one or more natural persons to represent it in the performance of the mandate entrusted to it.
The persons appointed to perform the duties defined in the first paragraph of Article L. 811-1, subject to the reservations set out in the first paragraph of this article, who are not included on the list referred to therein shall be subject, as regards the performance of these duties, to the supervision of the Public Prosecutor and to the inspections provided for in the first paragraph of article L. 811-11.
A decree in the Council of State shall specify the organisation and procedures for inspections concerning the persons mentioned in the penultimate paragraph of this article.
