By Raphaël MORENON
31 March 2025
The management of a sequestration requires rigour and method. Its effectiveness depends on clear procedures and diligent administration. These practical aspects determine the actual protection of the assets concerned. Establishment of sequestration Acceptance of the assignment The sequestration assignment is not mandatory. The designated third party may refuse it. For conventional sequestration, acceptance is presumed. The parties jointly choose the depositary and define their mission. For judicial escrow, the designated person may decline the appointment. Certain professionals cannot refuse without legitimate reason: These officers of the court may invoke: Certain professionals frequently refuse escrow assignments: Their involvement in debt collection creates a potential conflict of interest (Com. 13 March 1973). Lawyers may decline these assignments because of their status. Experts also avoid acting as depositaries or agents for the parties. Replacement of receivers Replacement follows the same procedure as the initial appointment.
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