Provisional administrator appointed

Application pratique:

Under the 2007 Cour de cassation ruling, a provisional administrator with a conservatory mission cannot fix the price of a renewed lease. You should request the administrator to apply to the commercial rent judge, but if they cannot, you may need to wait for a full administrator's appointment or apply to the court yourself to set the rent. Seek legal advice to protect your rights.

Application pratique:

The case law confirms that a conservatory provisional administrator lacks authority for major acts like setting new lease rents. You should urgently call a shareholders' meeting to replace the administrator or petition the court to extend their powers. Collect evidence of market rents (e.g., comparable leases in Lyon) to support your case.

Application pratique:

Based on the 2007 decision, the administrator cannot unilaterally agree to a fixed rent in a renewed lease. As manager, advise the SCI to wait for a permanent resolution or seek court direction. Meanwhile, maintain the current lease terms to avoid unauthorised commitments. Document all communications with the administrator.