The deed appointing the agent may provide for the conditions under which the agent may
employ a third party to accomplish, under his responsibility, his mission. In that case, the creditor
may take action directly against such third party.
The said deed may equally provide for conditions under which the agent may be replaced where
he neglects his mission or where he puts into jeopardy the interests entrusted in him, or again,
where collective proceedings have been instituted against him. In the absence of any contractual
provisions to this effect, the creditormay, in the above-cited circumstances, pray the competent
court to urgently appoint a temporary agent or have the agent replaced.
Where the agent is replaced either as a result of a contractual clause or by order of court, all the
rights and all the shares he held on behalf of the creditor shall be transferred as of right and with
no other formality to the new agent.
Official translation
Spot-checked
In force from 15 December 2010
Source page 8