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Chartered Accountant for Commissaires de Justice (Judicial Officers)

Chartered accountant for commissaires de justice (former bailiffs): third-party funds accounting, regulated fees vs free fees, BNC 2035 and CAVOM pension. Quote in 24h.

Samuel Hayot, chartered accountant
Reviewed by
Samuel Hayot
Chartered accountant & statutory auditor
Registered with OEC Paris IDF · CRCC Paris
Regime
BNC (2035)
Third-party funds
Separate accounts
Pension
CAVOM
Fees
Regulated + free
Key points

A chartered accountant for commissaires de justice (the officers who replaced bailiffs on 1 July 2022) separates third-party funds (sums recovered, consignments, escrow) from the practice's income on dedicated accounts, and splits revenue between regulated tariff fees for monopoly acts and free fees. You file under the BNC regime (déclaration contrôlée 2035) and pay into the CAVOM pension fund.

What we bring
  • Third-party funds kept on dedicated accounts, whose representation must be justifiable at any time during the profession's inspections.
  • Revenue split between regulated tariff fees, for monopoly acts, and free fees, for your competitive activities.
  • A BNC tax regime with the déclaration contrôlée 2035 return and membership of the CAVOM pension fund.

Who is this for?

  • Commissaires de justice and their practices (former bailiffs), whether sole practitioners or in a company.
  • Public and ministerial officers who handle third-party funds every day.

When to contact us

  • Before a professional inspection or taking over a practice, when the representation of third-party funds must be flawless.
  • When the line between tariff fees and free fees blurs the reading of your revenue.

What you get

  • A clear separation of third-party funds and the practice's own income, justifiable at any time.
  • A reliable revenue split and a secured BNC 2035 return.

A commissaire de justice practice cannot be run like an ordinary professional firm. As a public and ministerial officer, you handle funds every day that are not yours: sums recovered on behalf of creditors, consignments, escrow. On top of that comes a dual-regime remuneration, a regulated tariff for monopoly acts and free fees for your competitive activities. The practice's accounting turns on these two points, and that is where the profession's inspections focus.

Our firm supports regulated professions that handle third-party funds from the chartered accountancy firm in Paris 8. This page covers what matters in a commissaire de justice practice: separation of third-party funds, revenue split, taxation and profitability steering.

Quick answer: what changes for a commissaire de justice practice

Quick answer. The commissaire de justice (who replaced the bailiff, or huissier de justice, on 1 July 2022) keeps regulated accounts. They strictly separate the funds held on behalf of third parties (sums recovered, consignments) from the practice's own income, on dedicated accounts whose representation must be justifiable at any time. Revenue splits into regulated-tariff emoluments (monopoly acts), free fees (amicable recovery, official reports, advice) and disbursements rebilled at cost. The activity falls under non-commercial profits (controlled 2035 return), practice through a SCP or SEL is possible, and the pension depends on CAVOM.

Bailiff or commissaire de justice: what changed?

Since 1 July 2022, the profession of bailiff (huissier de justice) and that of judicial auctioneer have merged into a single profession, the commissaire de justice (ordinance no. 2016-728 of 2 June 2016). Many clients still search for the term bailiff: the core work (service of documents, enforcement, official reports, recovery) remains, with a broader scope, notably towards the sale of movable assets.

You are a public and ministerial officer, appointed by the Minister of Justice, and the profession is supervised by the National Chamber of Commissaires de Justice. This ministerial-officer status carries precise accounting consequences: third-party funds handling, regulated tariff, fund representation obligations and professional secrecy.

Why keep special accounting for third-party funds?

A significant share of the sums passing through the practice are not income: they are funds held for third parties (sums recovered for creditors, consignments, escrow). These funds must be strictly separated from the practice's own funds.

In practice, this means:

  • Dedicated accounts for client funds, distinct from the practice's operating accounts, with no offsetting between the two logics.
  • Full traceability: every receipt collected for a creditor and every remittance is attached to the relevant file.
  • Fund representation that is justifiable at any time: the consistency between sums owed to third parties and balances on account is a central control point.

The underestimated risk

In practices that handle funds, the most costly error usually comes from mixing logics: practice income confused with third-party funds, a reconciliation lag between sums recovered and remittances. These are the discrepancies an inspection looks for. Third-party funds accounting is therefore the first compliance deliverable.

How do you split emoluments, free fees and disbursements?

Your turnover is made up of three kinds of income to be distinguished from the moment of billing:

  • Regulated-tariff emoluments, for monopoly activities (service of judicial and extrajudicial documents, enforcement of enforceable titles, judicial auction sales of movables). The tariff is set by ministerial order: pricing freedom is limited.
  • Free fees, for competitive activities (amicable debt recovery, reports requested by individuals, legal advice, property management, voluntary sales of movables, mediation). The price is negotiated.
  • Disbursements, sums advanced on behalf of the client and rebilled at cost, with no margin. They are not taxable income and remain outside the scope of VAT.

The correct split of these three kinds drives both the reading of profitability and the correct VAT treatment. The practice's services are in principle subject to VAT at the standard rate, while disbursements are excluded: rigorous till and billing settings prevent reassessments.

Which tax regime and form of practice?

The activity falls, for tax purposes, under non-commercial profits (BNC), with a controlled 2035 return. Practising through a company is possible: a professional civil company (SCP) or a liberal practice company (SELARL, SELAS), possibly under a holding (SPFPL). The choice of form and of the manager's remuneration carries social and tax consequences that deserve an assessment specific to your situation. For structuring and governance questions, the support of legal advice in Paris complements the accounting analysis.

The pension falls under CAVOM (the pension fund for ministerial and public officers and judicial companies): it is not the same fund as for lawyers or notaries, and the contribution base deserves to be anticipated in your cash forecast.

Representative case (illustrative)

A common case in our files: a commissaire de justice SELARL consults us with sound practice accounting, but a blurred boundary between practice income and third-party funds, and a till that mixes regulated emoluments and recovery fees. The work consisted of making the separation of funds reliable, establishing a regular consistency between sums owed to third parties and balances, and reconfiguring billing to cleanly split emoluments, free fees and disbursements. Bookkeeping and review form the foundation of compliance here. No figure from this case can be generalised: each practice has its own activity mix and organisation.

How do you steer the practice's profitability?

Part of your activity is under a regulated tariff: profitability is therefore steered through the activity mix and time spent, not through price. The share of free fees (amicable recovery, reports, advice) is where you have the most control over margin.

Indicator to trackWhy it matters
Split of emoluments / free fees / disbursementsReading of the revenue structure and margin potential
Effective recovery ratePerformance of the key competitive activity
Average remittance time to creditorsQuality of third-party funds management
Funds owed vs balances consistencyCompliance and fund representation indicator
Output per staff memberProductivity and team sizing

2026 points of vigilance

  • Separation of funds: continuously check the consistency between sums owed to third parties and balances, with no tolerance for crossed flows.
  • VAT split: distinguish emoluments, free fees (taxable) and disbursements (out of scope) at the till and billing level.
  • AML-CFT: anti-money-laundering and counter-terrorism-financing obligations are reinforced for professions handling funds; documenting due diligence is part of the file.
  • Structural costs: budget professional liability insurance and the CAVOM contribution as recurring costs.

Our approach respects the professional secrecy and independence expected of a regulated profession, as for the notarial offices, law firms and judicial administrators and insolvency practitioners we support.

Discuss your practice with a chartered accountant

Every commissaire de justice practice has its own activity mix, organisation and tools. The starting point is a conversation about your actual situation: volume of acts and recoveries, how third-party funds are kept, form of practice. We offer an initial meeting to frame the scope and priorities.

Updated 20 June 2026. Informative content reviewed by a chartered accountant registered with the Île-de-France Chartered Accountants Board. A decision specific to your practice requires examination of your situation, your documents and the regulations in force.

The market and its segments

The commissaire de justice is a regulated profession of public and ministerial officer, created on 1 July 2022 from the merger of bailiffs and judicial auctioneers (ordinance no. 2016-728 of 2 June 2016). The activity falls under BNC (controlled 2035 return) and is carried out as a sole practice or through a company (SCP, SEL). Its accounting specificity lies in the handling of third-party funds (separation and representation) and a mixed remuneration (regulated-tariff emoluments, free fees, disbursements).

1 July 2022
Single profession since
Ordinance no. 2016-728 of 2 June 2016
Founding text
BNC, controlled 2035 return
Tax regime
Sole, SCP, SELARL, SELAS, SPFPL
Forms of practice
CAVOM
Pension
Regulated emoluments + free fees + disbursements
Remuneration
Sole commissaire de justice practiceSCP or SEL of commissaires de justiceService of documents and enforcementAmicable recovery and reports (free fees)Judicial and voluntary sales of movables
Practical framework

Securing the accounting of a commissaire de justice practice

01

1. Separate third-party funds from practice income

Keep dedicated accounts for sums held for third parties (recoveries, consignments), strictly distinct from operating accounts, with no offsetting between the two.

02

2. Guarantee fund representation

Regularly check the consistency between sums owed to creditors and balances on account, so that it can be justified at any time during an inspection.

03

3. Split revenue at source

Configure billing and the till to distinguish regulated-tariff emoluments, free fees and disbursements, a condition for correct VAT and an accurate reading of margin.

04

4. Budget structural costs

Record professional liability insurance and the CAVOM contribution as recurring costs, and document the AML-CFT due diligence linked to handling funds.

05

5. Set up activity-based steering

Track the split of emoluments / free fees / disbursements, the recovery rate and output per staff member, to act on the margin of competitive activities.

FAQ

Frequently Asked Questions

What is the difference between a huissier and a commissaire de justice?

It is the same profession. Since 1 July 2022, the bailiff (huissier de justice) and the judicial auctioneer have merged into a single profession, the commissaire de justice (ordinance no. 2016-728 of 2 June 2016). The work (service of documents, enforcement, reports, recovery) remains, with a scope broadened notably towards the sale of movables.

Why does a commissaire de justice keep third-party funds accounting?

Because some of the sums passing through the practice do not belong to it: sums recovered for creditors, consignments, escrow. These third-party funds must be strictly separated from the practice's income, on dedicated accounts, with fund representation that is justifiable at any time.

How are a commissaire de justice's revenues split?

Into three distinct kinds: regulated-tariff emoluments (monopoly acts), free fees (amicable recovery, reports, advice, voluntary sales) and disbursements rebilled at cost. This split drives both the reading of profitability and the correct VAT treatment.

What tax regime applies to a commissaire de justice?

The activity falls under non-commercial profits (BNC), with a controlled 2035 return. Practising through a company is possible: SCP, SEL (SELARL, SELAS), possibly with an SPFPL. The choice of form and remuneration is decided case by case.

Are a commissaire de justice's services subject to VAT?

The practice's services are in principle subject to VAT at the standard rate. Disbursements, which are sums advanced for the client and rebilled at cost with no margin, are outside the scope of VAT. Rigorous till and billing settings prevent errors.

Which pension fund covers a commissaire de justice?

The pension falls under CAVOM (the pension fund for ministerial and public officers and judicial companies). It is not the lawyers' fund: the contribution base should be anticipated in the practice's cash forecast.

How do you steer profitability when part of the fees is regulated?

With monopoly emoluments set by a regulated tariff, profitability is steered through the activity mix and time spent, not price. The share of free fees (amicable recovery, reports, advice) is the main margin lever, tracked in a regular dashboard.

Your guarantees

A Paris firm working remotely across France

We can work with you remotely anywhere in France, using online steering tools that keep your documents and your figures in one place.

Regulated firm

Samuel Hayot is a French chartered accountant registered with the Ordre of Paris Île-de-France, and a statutory auditor on the list drawn up by the H2A, member of the CRCC de Paris.

National reach

The firm is in Paris 8. It works remotely and can support a business located anywhere in France.

Modern tools

Pennylane, Dext and Silae, with as many tasks automated as possible, so your figures stay visible and the work moves quickly.

Direct contact

The phone number is at the bottom of every page, getting in touch is simple, the engagement letter comes quickly and the mandate is scoped without detours.

Useful resources

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Samuel Hayot, Chartered Accountant registered with the French Order (OEC Paris-IDF)

Written by Samuel Hayot

Chartered Accountant, registered with the Institute of Chartered Accountants. Certified Pennylane trainer.

Regulated French firmUpdated 20 June 20262 sources cited

Regulated French accounting firm based in Paris 8, whose founder is also a statutory auditor, built to support companies across France with a digital and decision-oriented approach.