French Commercial code
In forceNo one may be entered on the list by the commission unless he or she meets the following conditions:
1° Be French or a national of a Member State of the European Community or of a State party to the Agreement on the European Economic Area;
2° Not have been the perpetrator of acts contrary to honour or probity which have given rise to a criminal conviction;
3° Have not been the perpetrator of acts of the same nature that have given rise to a disciplinary or administrative sanction of removal from office, striking off the register, revocation, withdrawal of authorisation or withdrawal of authorisation;
4° Have not been subject to personal bankruptcy or one of the prohibition or disqualification measures provided for in Chapter V of Title II of Book VI of this Code, in Title VI of the loi n° 85-98 du 25 janvier 1985 précitée ou, dans le régime antérieur à cette loi, au titre II de la loi n° 67-563 du 13 juillet 1967 précitée;
5° Be the holder of a master's degree in the administration and liquidation of distressed companies and fulfil the conditions of experience or probationary period set by regulation, or have passed the examination for access to the professional probationary period, completed this probationary period and passed the examination of aptitude for the duties of judicial representative.
Only persons holding the qualifications or diplomas determined by decree may be admitted to sit the examination for access to the professional traineeship.
A decree in the Conseil d'Etat sets the conditions of competence and professional experience giving entitlement to exemption from the examination for access to the professional traineeship, from all or part of the professional traineeship and from all or part of the examination of aptitude for the duties of judicial representative. This decree also specifies the conditions of experience or internship required for registration on the list mentioned in the first paragraph of this article, in addition to holding the diploma mentioned in 5°.
Registered legal entities may only exercise the functions of judicial representative through one of their members who is himself registered on the list.
The diploma, traineeship and professional examination requirements set out in the sixth and seventh paragraphs are waived for persons who can prove that they have acquired, in a Member State of the European Communities other than France or another State party to the Agreement on the European Economic Area, a sufficient qualification to practise the profession of judicial representative, subject to having undergone, under conditions set by decree in the Conseil d'Etat, an examination to test their knowledge. The list of candidates admitted to sit the examination is drawn up by the commission.
