When an office of clerk of the commercial court cannot be filled by exercising the right of presentation, that office shall be declared vacant by decision of the Minister of Justice, and shall be filled under the conditions provided for in Articles R. 742-19 to R. 742-23.
The application must be accompanied by an undertaking to pay the compensation set by the Minister of Justice. Where the applicant is required to take out a loan, the application must be accompanied by information enabling the applicant’s financial resources to be assessed in the light of the commitments entered into.