French Commercial code
In forceThe status of judicial representative registered on the list is incompatible with the exercise of any other profession.
It is, moreover, incompatible with:
1° All activities of a commercial nature, whether exercised directly or through an intermediary ;
2° Being a partner in a société en nom collectif, a general partner in a société en commandite simple or par actions, the manager of a société à responsabilité limitée, the chairman of the board of directors, a member of the management board, the chief executive officer or the deputy chief executive officer of a société anonyme, chairman or manager of a société par actions simplifiée, member of the supervisory board or director of a société commerciale, manager of a société civile, unless the purpose of these companies is to practice the profession of judicial representative or a profession provided for in titre IV bis of the aforementioned law n° 90-1258 of 31 December 1990 or the acquisition of premises for this practice. An agent may also act as manager of a non-trading company whose sole purpose is the management of family interests.
The status of court-appointed agent registered on the list does not preclude the exercise of a consultancy activity in matters within the scope of the qualification of the person concerned, nor paid teaching activities, nor the performance of the mandates of ad hoc agent, conciliator and agent for the execution of the agreement provided for in articles L. 611-3, L. 611-6 and L. 611-8 of this code and by article L. 351-4 of the French Rural and Maritime Fishing Code, as a commissioner for the execution of the plan or as an amicable liquidator of the assets of a natural or legal person, as a court-appointed expert, as a court-appointed receiver and as an administrator pursuant to articles L. 612-34, L. 612-34-1 or L. 613-51-1 of the Monetary and Financial Code. Nor does it prevent the liquidator appointed pursuant to articles L. 5122-25 to L. 5122-30 of the Transport Code or to carry out missions on behalf of the Agency for the Management and Recovery of Seized and Confiscated Assets. Without prejudice to article L. 663-2 of this Code, the mandates of liquidator, liquidator pursuant to the Transport Code, judicial expert and amicable or judicial receiver may not be accepted concurrently with or subsequent to preventive measures or collective proceedings in which the mandataire judiciaire has been appointed. These activities and mandates, with the exception of mandates as ad hoc agent, conciliator, agent for the execution of the agreement, commissioner for the execution of the plan and administrator appointed pursuant to articles L. 612-34, L. 612-34-1 or L. 613-51-1 of the Monetary and Financial Code, may only be exercised on an ancillary basis. The same person may not successively exercise the functions of conciliator and judicial representative before the expiry of a period of one year, unless he or she has been entrusted, as part of the conciliation, with the task of organising a partial or total sale of the business. The court may, in addition, at the time of the opening of the safeguard or receivership proceedings and after having obtained the opinion of the public prosecutor, waive this incompatibility if it does not appear to impede the exercise, by the judicial representative, of the mission provided for in the first paragraph of l'article L. 622-20.
The conditions of this article are, with the exception of the fourth paragraph, applicable to registered legal entities.
