Bankruptcy Law

Receivers (administrateurs judiciaires), whose profession is governed by Articles L. 811-1 et seq. of the Commercial Code, are legal auxiliaries charged by the court with assisting the debtor with all or some of the acts relating to management, or with assuming sole responsibility, in whole or in part, for the administration of the business . At any time, the court may amend the receiver's mission …

Powers and missions

Receivers (administrateurs judiciaires), whose profession is governed by Articles L. 811-1 et seq. of the Commercial Code, are legal auxiliaries charged by the court with assisting the debtor with all or some of the acts relating to management, or with assuming sole responsibility, in whole or in part, for the administration of the business . At any time, the court may amend the receiver's mission at the request of the latter, the legal representative, the public prosecutor or ex officio .

Under Article L. 621-4 of the Commercial Code, applicable to the receivership procedure by reference to Article L. 631-9, their appointment is optional when the procedure is opened in favor of a debtor whose number of employees and pre-tax sales are below certain thresholds . A receiver may be appointed even if the debtor does not meet the legal thresholds for compulsory appointment, if the court deems it useful . Although the court may appoint a receiver on its own initiative or at the request of the creditor , it must always first seek the debtor's observations . Article R. 621-8 requires that the notice of the opening judgment published in the BODACC specify the name and address not only of the judicial representative but also of the receiver, if one has been appointed, with an indication of his or her powers. Failure to indicate the name and address of the receiver in the notice published in the BODACC constitutes an irregularity concerning an essential element, thereby rendering the notice ineffective vis-à-vis third parties .

The receiver may act to extend  or convert the receivership procedure into liquidation if reorganization is manifestly impossible . He is also responsible for deciding on the continuation or termination of current contracts  or on claims for reclamation or restitution , and for drawing up an economic and social assessment of the company . In conjunction with the debtor, he is responsible for proposing a plan for settling the debt . To this end, and when certain thresholds are reached, the receiver divides the creditors into classes representing a community of economic interest . Once the plan has been drawn up, the court may instruct the receiver to carry out the acts necessary to implement the plan , and appoint him as commissioner for the execution of the plan . However, the court may not discuss the scope of the business sale .

The receiver's remuneration is calculated in accordance with Articles R. 663-3 to R. 663-13-1 of the Commercial Code. Where several companies are the subject of separate insolvency proceedings, the appointed receiver is entitled to remuneration calculated for each of the proceedings in question, and not to an overall remuneration calculated for the “single economic entity” allegedly formed by the debtor companies . He is not obliged to pay the technician appointed by the bankruptcy judge out of his remuneration, even at his request, since his remuneration is the responsibility of the insolvency procedure . Under Article L. 621-7 of the Commercial Code, applicable by reference from Article L. 631-9, the receiver may be replaced, notably at the request of the debtor, but the bankruptcy judge has no jurisdiction to rule on this request .

C. com., Art. L. 624-17, applicable by reference to Art. L. 631-18.

C. com., Art. L. 623-1, applicable by reference to Art. L. 631-18.

C. com., Art. L. 626-2, applicable by reference to Art. L. 631-19.

C. com., Art. L. 626-30, applicable by reference to Art. L. 631-19.

C. com., Art. L. 626-24, applicable by reference to Art. L. 631-19.

C. com., Art. L. 626-25, applicable by reference to Art. L. 631-19.

Cass. com., 5 February 2020, LawLex202200010049JBJ.

Cass. com., 13 December 2017, LawLex202100001915JBJ.

Cass. com., 24 November 1998, LawLex202100002195JBJ.

C. com., Art. R. 621-11, applicable by reference to Art. R. 631-16: sales of EUR 3,000,000 and 20 employees.

CA Aix-en-Provence, 4 July 2019, LawLex202100005355JBJ.

Cass. com., 2 July 2025, LawLex202500005611JBJ.

C. com., Art. L. 621-2, applicable by reference to Art. L. 631-7.

C. com., Art. L. 622-13, applicable by reference to Art. L. 631-14.

Bankruptcy Law

340. Powers and missions

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Les notions juridiques connexes

340. Powers and missions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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