Article L742-2 of the French Commercial code
November 7, 2023
The rules allowing commercial court clerks access to the other legal and judicial professions are set by decree in the Conseil d’Etat.
The rules allowing commercial court clerks access to the other legal and judicial professions are set by decree in the Conseil d’Etat.
Commercial court clerks are subject, in their professional activity, to inspections under the authority of the Minister of Justice, under conditions laid down by decree in the Council of State. During these inspections, they are required to provide all useful information and documents without being able to invoke professional secrecy.
A decree in the Council of State shall lay down the conditions for the application of this chapter.
Commercial court clerks may practise their profession on an individual basis, as an employee of a natural or legal person holding a commercial court clerk’s office, in the form of professional non-trading companies or in the form of self-employed companies as provided for by the loi n° 90-1258 du 31 décembre 1990 relative à l’exercice sous forme de sociétés des professions libérales soumises à un statut législatif ou réglementaire ou…
A natural person holding a commercial court registry may not employ more than two salaried commercial court registrars. A legal entity holding a commercial court registry may not employ a number of salaried commercial court registrars greater than twice that of the associated commercial court registrars practising there. Under no circumstances may the employment contract of the salaried commercial court registrar infringe the code of ethics issued by decree in…
The emoluments of the clerks of the commercial courts are set pursuant to Title IV bis of Book IV of this Code. No fees are payable by the natural persons mentioned in article L. 613-7 of the Social Security Code carrying on a commercial activity for formalities relating to registration in the Trade and Companies Register, amending entries or deletions from that register.
The sums held by the clerks of the commercial courts on behalf of third parties and falling within categories set by decree in the Conseil d’Etat are deposited in a specially allocated account opened for this purpose with the Caisse des dépôts et consignations. The same decree determines the conditions under which the funds are deposited.
Continuing professional training is compulsory for practising commercial court clerks. A decree in the Council of State determines the nature and duration of the activities that may be validated under the continuing professional training obligation. The Conseil national des greffiers des tribunaux de commerce (National Council of Commercial Court Registrars) shall determine the manner in which this training is to be carried out.
Locations, extensions, transfers of existing businesses and changes in the sector of activity of commercial and craft businesses must meet the requirements of regional planning, environmental protection and the quality of town planning. In particular, they must contribute to maintaining activities in rural and mountain areas and to rebalancing conurbations through the development of activities in town centres and urban regeneration areas. Within the framework of fair competition, they must…
In accordance with the guidelines defined in Article L. 750-1, the Government shall ensure the balanced development of the various forms of commerce by contributing to the revitalisation of local commerce by means of the aid provided for in the article 4 de la loi n° 89-1008 du 31 décembre 1989 relative au développement des entreprises commerciales et artisanales et à l’amélioration de leur environnement économique, juridique et social. Operations…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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