Operators, whether legal entities or individuals, organising and carrying out voluntary sales of furniture by public auction, including by electronic means, shall declare their activities to the Conseil des maisons de vente by registered letter with acknowledgement of receipt or by any dematerialised means, provided that the person making the declaration can be duly identified.
The declaration shall be accompanied by the following supporting documents:
I.-For natural persons:
1° A document proving the identity and nationality of the declarant;
2° A certificate stating that they have not committed any of the acts mentioned in 2° of I of Article L. 321-4. This attestation shall be drawn up in accordance with the model set by order of the Minister of Justice;
3° Documents proving that the persons responsible for conducting sales have the required qualification or hold a title, diploma or authorisation recognised as equivalent in this area;
4° A copy of the lease or title deed for the premises where the business is conducted, as well as the last balance sheet drawn up or, failing this, the provisional balance sheet ;
5° A document proving that an account has been opened in a credit institution exclusively for the purpose of receiving funds held on behalf of others;
6° A document proving that professional liability insurance cover has been taken out;
7° A document proving that insurance or a guarantee has been taken out guaranteeing the representation of funds held on behalf of others;
II.-For legal entities:
1° A copy of the company’s articles of association and the deed appointing its legal representative;
2° Documents proving that it has at least one establishment in France;
3° Documents proving that its managers, partners or employees include at least one person fulfilling the conditions set out in articles 1° to 3° of I of article L. 321-4;
4° A statement by the directors that they have not committed any of the acts referred to in 4° of II of article L. 321-4. This attestation shall be drawn up in accordance with the model laid down by order of the Minister of Justice;
5° A document proving the identity of the persons responsible for managing the sales and, if they are employees of a legal entity, a copy of their employment contract or a certificate from their employer specifying the nature of their duties;
6° A copy of the lease or title deed for the premises where the business is carried on as well as the last balance sheet drawn up or, failing that, the provisional balance sheet ;
7° A document proving that an account has been opened in a credit institution exclusively for the purpose of receiving funds held on behalf of third parties;
8° A document proving that professional liability insurance cover has been taken out;
9° A document proving that insurance or a guarantee has been taken out guaranteeing the representation of funds held on behalf of third parties.