Glossary — Liquidator
What is a liquidator?
Person appointed to conduct the liquidation of a company. In an amicable liquidation, they are designated by the shareholders (often the former director). In a court-ordered liquidation, they are a judicial administrator appointed by the court. In both cases, their mission is to realise the assets, pay creditors, and close the entity.
What it is
The term liquidator covers two distinct realities in French law.
The amicable liquidator is appointed by the shareholders in general meeting during a conventional liquidation. They are often the former director, sometimes a third party (lawyer, accountant, partial buyer). Their mandate is freely set by the liquidation agreement, within the limits of the Commercial Code.
The court-appointed liquidator is designated by the court when a court-ordered liquidation is opened. They must be a judicial administrator listed on the national roster. They hold extensive powers, exercised under the supervising judge's oversight, and engage their professional liability.
Why it matters
For the digital estate, the distinction is operational. The amicable liquidator acts with intimate knowledge of the structure (they often ran it) but without specialised legal training — hence omissions on GDPR or preservation obligations. The court-appointed liquidator has the training, but discovers the structure and must prioritise. Both cases call for an archive trustee able to step in without prior knowledge of the file.
How Archivum approaches it
Archivum interacts equally with amicable and court-appointed liquidators. The template contract adapts: parties, perimeter, duration, access conditions during liquidation, fate of archives at registry removal. For court-appointed liquidators handling multiple cases, a partnership framework makes it possible to systematise the archiving of companies in proceedings.