French Commercial code
In forceThe duties of an ad hoc trustee or conciliator may not be carried out by a person who, during the previous twenty-four months, has received, in any capacity whatsoever, directly or indirectly, any remuneration or payment from the debtor concerned, from any creditor of the debtor or from a person who controls or is controlled by the debtor within the meaning of Article L. 233-16, except in the case of remuneration received in respect of an ad hoc mandate or a court-appointed mandate granted in the context of an amicable settlement procedure or a conciliation procedure in respect of the same debtor or creditor, or remuneration received in respect of a court-appointed mandate, other than that of commissaire à l'exécution du plan, granted in the context of safeguard or receivership proceedings. The existence of remuneration or a payment received from a debtor who is a sole trader with limited liability or a sole trader covered by the status defined in Section 3 of Chapter VI of Title II of Book V is assessed in consideration of all the assets held by the debtor. The person so appointed must certify on his or her honour, when accepting the mandate, that he or she complies with these prohibitions.
The missions of mandataire ad hoc or conciliator may not be entrusted to a consular judge who is in office or who has left office within the last five years.
