Ad hoc representative or provisional administrator

When a natural or legal person (very often co-ownerships or undivided estates) faces a deadlock, a governance crisis, or specific difficulties that paralyze its operation, the courts may appoint an ad hoc representative or a provisional judicial administrator.

Representative appointed by a court

The ad hoc representative before a court of appeal is an officer of the court appointed by a court for provisional administration or protection missions.

Representative appointed by a court

The ad hoc representative before a court of appeal is an officer of the court appointed by a court.

To address deadlocks or crises

When a natural or legal person faces a deadlock, a crisis, or specific difficulties that paralyze its operation

To address deadlocks or crises

When a natural or legal person faces a deadlock, a crisis, or specific difficulties that paralyze its operation

Intervention in a company, co-ownership...

The missions are numerous, intervention in a company, co-ownership, undivided estate, to resolve problems or crises, or to represent a partner…

Intervention in a company, co-ownership...

The missions are numerous, intervention in a company, co-ownership, undivided estate, to resolve problems or crises, or to represent a partner…

General framework of the ad hoc mandate or provisional administration

The ad hoc representative before a court of appeal is an officer of the court appointed by a court for provisional administration or protection missions.

When a natural or legal person (very often co-ownerships or undivided estates) faces a deadlock, a governance crisis, or specific difficulties that paralyze its operation, the courts may appoint an ad hoc representative or a provisional judicial administrator.

This request may be submitted by a partner or a member of the undivided estate, but most requests are filed by a lawyer who will ensure its drafting, compliance with standards, and then its transmission to the appointed representative or administrator.

The grounds vary according to the subject matter and the purpose of the request. The Judicial Court has jurisdiction in civil matters, while the Commercial Court will have jurisdiction in commercial matters and, more generally, in all cases falling within its purview.

Appointment procedures

The ad hoc representative or provisional judicial administrator will be appointed by order of the president of the Judicial Court or the president of the Commercial Court. The mission entrusted to this officer of the court will be strictly defined by the presiding judge; it must be precise in its purpose, duration, powers, and reporting procedures. Their appointment does not divest existing corporate or statutory bodies, unless the appointment order stipulates otherwise.

Key assignments

In a company, or an undivided estate

Resolve governance crises

Temporarily represent a partner or a statutory body

Negotiate or enter into negotiations between partners or shareholders

In a co-ownership

Provisionally administer in place of the trustee

Perform specific due diligence, such as organizing General Meetings (GM) or Extraordinary General Meetings (EGM), overseeing urgent works

Ensure management continuity and prevent paralysis while awaiting the election of a new trustee

In a distressed company

Assist the director

Prevent insolvencies

Facilitate amicable restructuring

Powers of the ad hoc representative or provisional judicial administrator

Their powers will be clearly and strictly defined by the presiding judge.

However, if deemed necessary, the officer of the court may submit a request to the court (after justification) for their powers to be extended or restricted

Their actions bind the legal entity, the undivided estate, or the represented community, but they are strictly supervised by judicial oversight.

Responsibility and Oversight

The appointed officer of the court has a duty of loyalty, diligence, and transparency.

Their professional liability may be sought in the event of a proven fault in the exercise of their mandate.

Fees and billing

The remuneration of the representative or administrator is set by the taxing judge who, based on supporting documents, will determine the amount and payment terms, issuing a taxation order, which benefits from provisional enforcement, notwithstanding any appeal. For such cases, the LIFFRAN firm applies an hourly rate of €140 excl. VAT per hour of work performed and bills disbursements (mileage, postal or chancery fees) at actual cost.

An expert firm and an experienced team by your side to ensure the success of your assignments.

Contact

contact@liffran.com