Description

"The judicial administrators are natural or legal persons appointed by a court order to administer third party assets or perform the duties of assistance or supervision in managing those assets."
(Commercial Code, Article L 811-1, paragraph 1)

The judicial administrator is an independent professional, performing his duties throughout the territory of France and practising a regulated profession. He must pass the professional aptitude test for the duties of judicial administrator and be registered on a list established by the National Registration and Disciplinary Commission of judicial administrators (Commission Nationale d'Inscription et de Discipline des administrateurs judiciaires) chaired by a senior judge of the French Supreme Court (Cour de cassation).

For the security of the economical agents, the judicial administrator is entitled to the benefit of a collective guarantee system of his professional liability through a professional fund (Caisse de Garantie) covering the pecuniary consequences of his civil liability. This professional fund also guarantees the representation of funds that the judicial administrator has to administer in his professional accounts compulsorily opened with the Financing Fund (Caisse des Dépôts et Consignations).

The representation of these funds is verified and certified by a statutory auditor twice a year.

The judicial administrator has all of his activities subject to a detailed audit every three years.

Without prejudice of the laws and regulations applicable to the practice of his profession, the judicial administrator is bound to professional secrecy in the conditions laid in the Articles 226-13 and 226-14 of the Criminal Code.

His remuneration is fixed according to the tasks entrusted to him, in extrajudicial or judicial procedures, mainly on the basis of a tariff fixed by a decree.