Free Practice Questions for Examen d'Aptitude d'Administrateur Judiciaire

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Sample Examen d'Aptitude d'Administrateur Judiciaire Practice Questions

Try these sample questions to review concepts for the Examen d'Aptitude d'Administrateur Judiciaire exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article L. 611-3 of the French Commercial Code, who may ask the court president to appoint a 'mandataire ad hoc'?

A.Any creditor holding an overdue claim.

B.The debtor, who may also propose the person to be appointed.

C.The comité social et économique acting without the debtor.

D.The public prosecutor acting without a debtor request.

Explanation: Article L. 611-3 provides that the president of the competent court may appoint a mandataire ad hoc at the debtor's request and that the debtor may propose the appointee. Unlike Article L. 611-4 on conciliation, Article L. 611-3 itself does not state a financial-condition or cessation-of-payments test.

2What is the statutory time threshold regarding 'cessation des paiements' for opening a conciliation proceeding under Article L. 611-4 of the French Commercial Code?

A.The debtor must have been in cessation of payments for at least six months.

B.The debtor may not be in cessation of payments, or if it is, the cessation of payments must have occurred for no more than 45 days.

C.Cessation of payments is strictly prohibited under all circumstances in conciliation.

D.The debtor must be liquidating all its physical assets within 30 days.

Explanation: Under Article L. 611-4 of the Code de commerce, conciliation is open to debtors facing legal, economic, or financial difficulties, existing or foreseeable, provided they have not been in a state of cessation of payments for more than 45 days (pas en cessation des paiements depuis plus de quarante-cinq jours).

3What is the legal definition of 'cessation des paiements' set forth in Article L. 631-1 of the French Commercial Code?

A.A situation where corporate balance sheet liabilities exceed total accounting assets.

B.The inability of the debtor to meet its due current liabilities out of its available liquid assets (impossibilité de faire face au passif exigible avec son actif disponible).

C.The refusal of a single bank to extend an overdraft facility.

D.Any year-end fiscal net loss reported in the certified corporate accounts.

Explanation: Article L. 631-1 of the Code de commerce defines cessation of payments strictly as the inability to face due liabilities with available liquid assets: 'l'impossibilité de faire face au passif exigible avec son actif disponible'. It is a pure cash flow (liquidity) test, distinct from balance-sheet insolvency.

4What protection does the 'privilège de conciliation' (also known as 'New Money' privilege under Article L. 611-11 of the Commercial Code) confer on persons who provide new financing during an approved conciliation agreement?

A.Immunity from criminal prosecution for any corporate offense.

B.Priority over pre-existing claims in a later proceeding, subject notably to the statutory priority of super-privileged wage claims and qualifying post-opening court costs.

C.Automatic acquisition of 51% of the debtor company's voting shares without paying consideration.

D.Full reimbursement of the loan by the French Treasury in case of subsequent bankruptcy.

Explanation: Under Article L. 611-11 of the French Commercial Code, qualifying new cash or new goods or services supplied to sustain the business under a court-approved conciliation agreement receive the privilège de conciliation. In a later proceeding, that priority remains subject to the super-privileged wage claims and qualifying post-opening court costs identified by the statutory ranking rules.

5What is the maximum total duration of a conciliation proceeding under Article L. 611-6 of the French Commercial Code?

A.1 month, non-renewable.

B.4 months, which may be extended by up to 1 additional month (maximum 5 months total).

C.18 months automatically.

D.3 years upon simple notification of the conciliator.

Explanation: Under Article L. 611-6 of the Code de commerce, the court opens a conciliation procedure for a period not exceeding four months, which can be extended by reasoned order of the court president for a maximum of one additional month upon request of the conciliator, reaching a strict statutory maximum of five months.

6What are the two alternative modalities for formalizing a successful conciliation agreement under Articles L. 611-8 and L. 611-9 of the French Commercial Code?

A.Registration with the police prefecture or publication in a national daily newspaper.

B.Constatation (certification by the court president, maintaining confidentiality) or Homologation (formal judgment by the court, published and granting the new money privilege).

C.Verbal handshake before a notary or deposit in the company safe.

D.Direct approval by European Commission directive or presidential decree.

Explanation: A conciliation agreement may be either constaté (certified by order of the court president upon joint request of the parties, preserving absolute confidentiality) or homologué (sanctioned by a formal judgment of the court in public hearing, which makes the agreement public but grants the Article L. 611-11 New Money privilege).

7What is the statutory prerequisite for a debtor to petition for the opening of a safeguard proceeding ('procédure de sauvegarde') under Article L. 620-1 of the French Commercial Code?

A.The debtor must be in cessation of payments for more than 45 days.

B.The debtor must demonstrate difficulties that it is unable to overcome, without being in a state of cessation of payments.

C.The debtor must have lost more than 90% of its total equity.

D.The debtor must have already reached an agreement with all its suppliers.

Explanation: Article L. 620-1 of the Code de commerce specifies that safeguard is open to debtors who prove difficulties they are unable to overcome, without being in cessation of payments: 'qui justifie de difficultés qu'il n'est pas en mesure de surmonter' and 'qui n'est pas en cessation des paiements'.

8Who has exclusive standing to petition for the opening of a safeguard proceeding under French law?

A.The public prosecutor (procureur de la République).

B.Any unpaid creditor holding an overdue commercial claim.

C.Only the legal representative of the debtor company.

D.The staff representatives or CSE.

Explanation: Under Article L. 620-1 of the Code de commerce, a safeguard proceeding can ONLY be initiated upon the exclusive petition of the debtor (le débiteur seul a qualité pour demander l'ouverture de la sauvegarde). Neither creditors, nor the court acting sua sponte, nor the prosecutor can open a safeguard.

9What is the two-fold statutory mission assigned to the administrateur judiciaire in a safeguard proceeding under Article L. 622-1 of the French Commercial Code?

A.Total management representation or liquidation of all operating branches.

B.Supervising the debtor in their management acts (surveillance) or assisting the debtor in management acts (assistance).

C.Serving judicial eviction notices and arresting delinquent managers.

D.Assuming full personal ownership of all debtor shares.

Explanation: In a safeguard proceeding, the debtor remains in possession and continues managing the business. Under Article L. 622-1 of the Code de commerce, the court tasks the administrateur judiciaire either with supervising the debtor in management acts (surveillance) or with assisting the debtor for certain or all acts of management (assistance). The mission of full representation is strictly prohibited in safeguard.

10What is the initial statutory duration of the observation period ('période d'observation') in safeguard or judicial reorganization under Article L. 621-3 of the Commercial Code?

A.30 days, non-renewable.

B.Up to 6 months, renewable once for up to another 6 months by a specially reasoned court decision.

C.24 months automatically.

D.Indefinite duration until all debts are fully cleared.

Explanation: Under Article L. 621-3 of the Code de commerce, the opening judgment begins an observation period of up to six months. The court may renew it once, for no more than six further months, by a specially reasoned decision requested by the administrator, debtor, or public prosecutor. The former additional six-month extension no longer appears in the current text.

About the Examen d'Aptitude d'Administrateur Judiciaire Exam

The Examen d'Aptitude aux Fonctions d'Administrateur Judiciaire is the official French national credential required for ordinary inscription on the national list of judicial administrators under Book VIII of the French Commercial Code (Code de commerce). Judicial administrators are court-appointed independent legal and financial practitioners who assist distressed businesses through preventive procedures (mandat ad hoc, conciliation) or act in safeguard, judicial reorganization, and business-sale proceedings. Candidates ordinarily complete the regulated professional-stage route, which lasts three to six years, before taking the civil option, commercial option, or both. OpenExamPrep provides an English-language MCQ study adaptation of the legal and professional syllabus; it is not an official translation or a substitute for the French written case, mémoire defense, or oral examinations.

Exam sponsor: Conseil National des Administrateurs Judiciaires et Mandataires Judiciaires (CNAJMJ). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Under Articles A. 811-14 through A. 811-22 of the French Code de commerce, a candidate may take the civil option, the commercial option, or both. Each option has one 5-hour written paper (coefficient 6) and its own oral program. The commercial option has seven oral tests; the civil option has six. Both include a 30-minute professional mémoire defense and tests on professional status, ethics, and office management. Each test is marked out of 20, and an overall weighted average of at least 10/20 is required for the option; the current rules do not prescribe a 7/20 eliminatory mark.

Time Limit

One 5-hour written session per option taken, plus six civil-option or seven commercial-option oral tests

Passing Score

10/20 overall weighted average for the option

Exam / Certification Fees

Not published in the current official session notice or examination rules

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

20 of 100 questions

Preventive Procedures & Amicable Restructuring

Mandat ad hoc, conciliation proceedings, confidentiality, standstill covenants, new money privilege, and judicial validation.

25 of 100 questions

Insolvency Opening, Safeguard & Judicial Reorganization

Cessation des paiements definition, declaration deadlines, observation period management, powers of the administrator, and plan adoption.

20 of 100 questions

Contracts, Real Estate Leases & Creditors' Rights

Continuation and termination of executory contracts, commercial leases, proof of claims, creditor classes, and cross-class cramdown.

20 of 100 questions

Sale of Business as a Going Concern & Liquidation

Preparation of sale plans (plan de cession), bidding criteria, employment transfer obligations under L. 1224-1, and asset realization.

15 of 100 questions

Professional Status, Ethics & Liability

CNAJMJ regulatory oversight, conflict of interest prohibitions, criminal sanctions for insolvency offenses, and civil liability.

Preparing for the Examen d'Aptitude d'Administrateur Judiciaire Exam

What You Need to Know

Passing score: 10/20 overall weighted average for the option
Assessment: Under Articles A. 811-14 through A. 811-22 of the French Code de commerce, a candidate may take the civil option, the commercial option, or both. Each option has one 5-hour written paper (coefficient 6) and its own oral program. The commercial option has seven oral tests; the civil option has six. Both include a 30-minute professional mémoire defense and tests on professional status, ethics, and office management. Each test is marked out of 20, and an overall weighted average of at least 10/20 is required for the option; the current rules do not prescribe a 7/20 eliminatory mark.
Time limit: One 5-hour written session per option taken, plus six civil-option or seven commercial-option oral tests
Exam / certification fees: Not published in the current official session notice or examination rules Official sources

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Examen d'Aptitude d'Administrateur Judiciaire: Suggested Study Strategy

1Master the distinction between preventive confidentiality (mandat ad hoc / conciliation) and public insolvency proceedings.

2Understand the statutory test of cessation des paiements under Article L. 631-1 of the Code de commerce.

3Analyze the cross-class cramdown mechanism introduced following the EU Preventive Restructuring Directive.

4Review the strict statutory rules governing ongoing contracts (contrats en cours) and commercial leases under Article L. 622-13.

Frequently Asked Questions

What is an Administrateur Judiciaire in France?

An Administrateur Judiciaire is a regulated court-appointed auxiliary of justice governed by Book VIII of the Code de commerce, whose primary mission is to diagnose distressed companies, negotiate amicable debt restructurings, assist or administer businesses under court protection, and design business continuation or sale plans.

What is the format of the official professional examination?

For each option taken, the examination has one 5-hour written paper (coefficient 6) and option-specific oral tests. The civil option has six oral tests and the commercial option has seven; both include a professional mémoire defense, professional status and ethics, and office management.

What prerequisites are required to sit for the examination?

The ordinary route requires admission to the regulated professional stage, completion of that stage for at least three and no more than six years, and the prescribed stage certificate; the Code also provides specified diploma, experience, and exemption routes.

What passing score is needed to qualify?

Candidates must achieve an overall weighted average of at least 10/20 for the option. The current examination provisions do not set a separate 7/20 eliminatory mark.

Is the official examination conducted in English or French?

The official French state examination is conducted exclusively in French. OpenExamPrep offers 100 English-language MCQs as a rigorous analytical adaptation for international practitioners and students preparing for French restructuring principles.