The French Judicial Administrator is a legal proxy “appointed by the Court to manage one’s property, assist or monitor someone in asset management” (article L. 811-1 du Code de commerce).
He is an officer of the Court and part of a regulated profession, whose supervisory authority is the Justice Department. He is subjected to continual monitoring from auditors. A triennial review is set up and carried out by his counterparts. All reports are then transmitted to the Justice Department and the National Council of Judicial Administrators and receivers (Conseil National des Administrateurs et Mandataires Judiciaires).
As an expert of crisis management, his best efforts are gathered in favour of business recovery.
The legal statute of the judicial administrator is a French specificity, as his foreign counterparts are mostly lawyers. He is appointed by the Court, and is accountable to mandatory (Court, Chief executive and shareholders depending on his mission)
The outcomes of his interventions do not exclusively cater to the needs of the soliciting party, whether it be a government authority or client business.
Unlike other regulated liberal professions, he does not work for clients. He does not intervene to defend one’s interest, whether it be management, labour, creditors, shareholders, and so, regardless of their legitimacy. In this way, his role differs from that of a lawyer.
By doing so, he remains independent and guarantees the smooth running of the proceedings. In such a favourable context, he can advocate solutions taking into account the views and opinions of all parties, while attempting to protect the company as a whole and ensure its longevity.
Furthermore, the administrator offers academic and multidisciplinary guarantees, combined with a rigorous practical training.
He necessary holds certification of four year’s higher education in law, economics or business administration or holds a degree in chattered accountancy (art. R. 811-7 and R. 812-4 Code de commerce).Many administrators are also former graduates of leading schools of business.
Access to the profession is possible after a 3-year internship training program and the successful completion of an entry and final examination
By endorsement of a specialised commission of the Justice Department, he is authorised to be listed on the profession’s national register.
Although the judicial administrator is attached to a court of appeal, he is qualified to practice on the entire French territory.
He may be liable to civil and penal actions. He is automatically enrolled with the Caisse de garantie (National Professional Guarantee and Insurance Fund), which insures all French judicial auxiliary officers (administrators and receivers) for both personal and professional liability. Are also guaranteed the funds entrusted to him and centralized at the “Caisse des Dépôts et Consignations”.
This insurance system is one of the most protective in the world, with a coverage level higher than his foreign counterparts.