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administrateur judiciaire

English translation: administrator appointed by the court / court-appointed administrator

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10:20 Feb 13, 2007
French to English translations [PRO]
Law (general) / bankruptcy
French term or phrase: administrateur judiciaire
Is this the same as a receiver? And if so should I say official receiver? The context is following cases "de redressement ou de liquidation judiciaire"
Paul Hirsh
France
Local time: 14:45
English translation:administrator appointed by the court / court-appointed administrator
Explanation:
Council of Europe Fr-Eng Legal Dictionary.

--------------------------------------------------
Note added at 40 mins (2007-02-13 11:00:42 GMT)
--------------------------------------------------

My friend FHS of the said honorable dictionary has liquidateur as liquidator and "liquidateur judiciaire" as "liquidator appointed by the court".

I think the French system in these matters differs slightly to the UK system (but I'm not able to tell you exactly how).

I think there is a period "in administration", in which a company could be going under, and then a receivership procedure, in which the company is liquidated.

It is a two-step process.

See:

"the laws for:

a legally appointed interim Chief Executive (the "Administrator") to take compulsory control of the affairs of a company in difficulties. This is described below."

http://www.answers.com/topic/administration

This from the same link above, summarises it well:

Administration of an insolvent business

Under the insolvency laws of a number of common law jurisdiction, there are provisions which allow a company which is in financial difficulty to apply to the court for an Administration order. This is known colloquially as "going into administration". On the making of an administration order, the company receives protection from its creditors (including secured creditors) to try and ***preserve the company as a going concern and to avoid liquidation***. The making of an administration order is very similar in effect to going into Chapter 11 in the U.S.A.

Going into administration is separate and distinct from going into administrative receivership which is a credit driven process whereby an administrative receiver is appointed over all of the assets and undertaking of the failing business by the holder of a floating charge. Although there are notional similarities between administration and administrative receivership (an outsider takes over control and management of the company from the board of directors), the intent and purpose of each type of insolveny regime are completely different.


--------------------------------------------------
Note added at 45 mins (2007-02-13 11:06:10 GMT)
--------------------------------------------------

Vernie explains it well too, en français:

http://vernimmen.net/html/glossaire/definition_procedure_de_...

http://vernimmen.net/html/glossaire/definition_liquidation.h...

--------------------------------------------------
Note added at 46 mins (2007-02-13 11:07:02 GMT)
--------------------------------------------------

And thanks, this reseach has clarified the issue for me too.
Selected response from:

Conor McAuley
France
Local time: 14:45
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1judicial administratorrkillings
4 +2administrator appointed by the court / court-appointed administrator
Conor McAuley
4 +1receiver
Aisha Maniar
3official receiver
Francis MARC


Discussion entries: 3





  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
receiver


Explanation:
see this definition:
http://www.studyrama.com/article.php3?id_article=1125
C’est un auxiliaire de justice mandaté par le tribunal de commerce lorsque l’entreprise fait l’objet d’une procédure de redressement judiciaire. Il est chargé d’assister le dirigeant, voire de le remplacer, et de trouver des solutions pour la sauvegarde de l’entreprise.

You could say "official receiver" but I think "receiver alone would work just as well (for the UK at least).

Aisha Maniar
Local time: 13:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Yes, but in France there are different varieties of receivers or administrators - in this doc. he is "appointed by the Court" so I think this has to be in the translation
3 hrs

agree  gabuss
7 hrs
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13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
official receiver


Explanation:
confirmation from Termium in case of bankruptcy
also "receiver in bankruptcy"

--------------------------------------------------
Note added at 14 mins (2007-02-13 10:35:07 GMT)
--------------------------------------------------

... in most long lasting contracts, the official receiver has the option to ... Even outside the realm of banckruptcy law, it could be quite difficult for ...
www.jus.unitn.it/cardozo/Review/Business/Frignani-1997/Mend... - 132k - En cache - Pages similaires

[DOC] 4) prospetto fornito da “Largo consumo” sulla situazione di ...Format de fichier: Microsoft Word - Version HTML
... until the official receiver decides whether to replace the insolvent ... Even outside the realm of banckruptcy law, it could be quite difficult for the ...
www.jus.unitn.it/CARDOZO/Review/Business/Frignani-1997/Mend... - Résultat complémentaire - Pages similaires
[ Autres résultats, domaine www.jus.unitn.it ]

What is Banckruptcy - IVA Experts UK: IVA Expert advice for debt ...- [ Traduire cette page ]The official receiver will own all your assets and will decide how their value will be distributed amongst the creditors. You are not guaranteed continued ...
www.iva-experts.co.uk/what_is_bankruptcy.asp - 19k


Francis MARC
Lithuania
Local time: 15:45
Native speaker of: Native in FrenchFrench
PRO pts in category: 228

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: This would be the UK equivalent but I would not hurry to use it in translating a term which is uniquely concerned with the French system
3 hrs
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25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
administrator appointed by the court / court-appointed administrator


Explanation:
Council of Europe Fr-Eng Legal Dictionary.

--------------------------------------------------
Note added at 40 mins (2007-02-13 11:00:42 GMT)
--------------------------------------------------

My friend FHS of the said honorable dictionary has liquidateur as liquidator and "liquidateur judiciaire" as "liquidator appointed by the court".

I think the French system in these matters differs slightly to the UK system (but I'm not able to tell you exactly how).

I think there is a period "in administration", in which a company could be going under, and then a receivership procedure, in which the company is liquidated.

It is a two-step process.

See:

"the laws for:

a legally appointed interim Chief Executive (the "Administrator") to take compulsory control of the affairs of a company in difficulties. This is described below."

http://www.answers.com/topic/administration

This from the same link above, summarises it well:

Administration of an insolvent business

Under the insolvency laws of a number of common law jurisdiction, there are provisions which allow a company which is in financial difficulty to apply to the court for an Administration order. This is known colloquially as "going into administration". On the making of an administration order, the company receives protection from its creditors (including secured creditors) to try and ***preserve the company as a going concern and to avoid liquidation***. The making of an administration order is very similar in effect to going into Chapter 11 in the U.S.A.

Going into administration is separate and distinct from going into administrative receivership which is a credit driven process whereby an administrative receiver is appointed over all of the assets and undertaking of the failing business by the holder of a floating charge. Although there are notional similarities between administration and administrative receivership (an outsider takes over control and management of the company from the board of directors), the intent and purpose of each type of insolveny regime are completely different.


--------------------------------------------------
Note added at 45 mins (2007-02-13 11:06:10 GMT)
--------------------------------------------------

Vernie explains it well too, en français:

http://vernimmen.net/html/glossaire/definition_procedure_de_...

http://vernimmen.net/html/glossaire/definition_liquidation.h...

--------------------------------------------------
Note added at 46 mins (2007-02-13 11:07:02 GMT)
--------------------------------------------------

And thanks, this reseach has clarified the issue for me too.

Conor McAuley
France
Local time: 14:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 82
Notes to answerer
Asker: so what then is the liquidateur?


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: Or "receiver appointed by the Court" - I prefer your version to "Official Receiver" the latter is UK concept - your version however makes it clear that we're talking about a different jurisdiction
3 hrs
  -> Thanks Allegro! Clearly unintentional, all Mr FHS Bridge's fine work!

agree  writeaway
3 hrs
  -> Thanks writeaway!
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20 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
judicial administrator


Explanation:
No joke. This is the term that Eurotunnel is using. Now, as we speak (so to speak).
Take it for what it's worth.


    Reference: http://www.guardian.co.uk/transport/Story/0,,1820278,00.html
rkillings
United States
Local time: 05:45
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 85

Peer comments on this answer (and responses from the answerer)
agree  gad
16 hrs
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