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Article L522-38 of the French Commercial code

It is prohibited to open and operate without the authorisation prescribed in Article L. 522-1 an establishment receiving in deposit goods for which are issued to the depositors, under the name of warrants, or any other name, negotiable pledge notes or storage receipts. Any breach of this prohibition is punishable by a fine of 6,000 euros and imprisonment for one year. The court may order that the sentencing judgment be…

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Article L522-39 of the French Commercial code

In the event of an infringement by the operator of a general shop of the provisions of this chapter or of the decrees of the Council of State made for the application of the said provisions, the prefect may, after hearing the operator, pronounce by order, temporarily or definitively, the withdrawal of approval. In this case, the president of the court, ruling on a petition or in summary proceedings, shall…

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Article L526-1 of the French Commercial code

As an exception to articles 2284 and 2285 of the Civil Code, the rights of a natural person registered in the National Register of Companies in the property where his or her main residence is fixed are by law unseizable by creditors whose rights arise in connection with the person’s professional activity. Where part of the main residence is used for business purposes, the part not used for business purposes…

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Article L526-2 of the French Commercial code

The declaration provided for in the second paragraph of Article L. 526-1, received by a notary under penalty of nullity, contains a detailed description of the assets and an indication of whether they are owned, jointly owned or undivided.The deed is published in the real estate register or, in the departments of Bas-Rhin, Haut-Rhin and Moselle, in the land register of its location. Where the person is registered in the…

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Article L526-3 of the French Commercial code

In the event of the sale of property rights in the main residence, the price obtained remains exempt from seizure, provided that the sums are reinvested within one year in the acquisition by the person mentioned in the first paragraph of article L. 526-1 of a property in which their main residence is located. The unseizability of rights in the principal residence and the declaration of unseizability relating to any…

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Article L526-4 of the French Commercial code

When applying for registration in the Trade and Companies Register, the Special Register of Commercial Agents, the Special Register of Sole Proprietorships with Limited Liability or the National Register of Companies, a natural person married under a legal or contractual community regime must provide evidence that his or her spouse has been informed of the consequences for joint assets of debts contracted in the exercise of his or her profession….

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Article L526-5 of the French Commercial code

The provisions of articles L. 313-14 to L. 313-14-2 of the Consumer Code are applicable to loans granted to any natural person registered in the National Register of Companies and to the sole managing partner of a limited liability company, and secured by a rechargeable mortgage registered on the property where the person concerned has set up their main residence.

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Article L526-6 of the French Commercial code

To carry on his business as a sole trader with limited liability, the sole trader assigns to his professional activity assets separate from his personal assets, without creating a legal entity, under the conditions set out in article L. 526-7. These assets are made up of all the property, rights, obligations or securities held by the sole trader and required to carry out his business activity. It may also include…

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Article L526-7 of the French Commercial code

The creation of the earmarked assets is the result of a declaration made: 1° For a commercial activity, to the trade and companies register with which the trader is required to register; 2° For an activity in the trades and crafts sector, in the national register of companies with which the head of the business is required to register in this capacity; 3° For activities as a commercial agent, in…

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