As soon as he is informed of his appointment, the expert in preventive settlement shall certify that he meets the requirements set out in articles 4-4 and 4-5 above. At any time during the course of the preventive settlement, if it appears that he no longer meets these conditions, he shall immediately inform the president of the competent court, who shall terminate his mandate and appoint a replacement.
The debtor or any creditor may petition, at any time, to the president of the competent court for the replacement of the expert who falls within one of the incompatibilities set forth in articles 4-4 and 4-5 above, or who is not assiduous in the performance of his duties. In this instance, the president of the competent court, upon receipt of the objection, shall hold a closed doors session to hear the explanations of the petitioner (s) and the expert. His decision pronounced in open court shall be subject to a provisional enforcement of the judgment. It shall be subject to appeal within fifteen (15) days from the date of the decision. The registry of the competent court shall
P. 27 of 139 communicate, where appropriate, this decision to the national authority as stipulated in article4 above, who may initiate disciplinary proceedings pursuant to this Uniform act.
The departing expert shall, without delay, give a report to his successor, and pass on all documents in his possession in the presence of the debtor and the president of the competent court.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 26
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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