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Article R444-53 of the French Commercial code

The provisions of article R. 444-52 do not apply: 1° In the event of an emergency; 2° In the event of impossibility, due in particular to the resources of the creditor; 3° When recovery or collection is carried out on the basis of an enforceable title: a) Mentioned in the 6° de l’article L. 111-3 of the code of civil enforcement procedures; b) Establishing a claim arising from the performance…

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Article R444-55 of the French Commercial code

The fees for the services mentioned in numbers 128 and 129 of table 3-1 annexed to article R. 444-3, payable respectively by the debtor and the creditor, are cumulative. However, the fees for the service mentioned in number 129 of this table: 1° Are not due in the cases provided for in 3° of article R. 444-53; 2° Shall be borne by the infringer when the bailiff recovers or collects…

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Article R444-56 of the French Commercial code

Any sum handed over in payment to a bailiff by a debtor to settle a claim must be repaid by the bailiff to the creditor within a maximum period of three weeks if the payment is made in cash, six weeks in other cases. If the debtor pays the claim in successive instalments, these time limits are six weeks and three months respectively. Any breach of this rule is liable…

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Article R444-57 of the French Commercial code

The provisions of this Title, with the exception of those of paragraph 1 of sub-section 1 of section 2, shall apply to judicial officers in the departments of Bas-Rhin, Haut-Rhin and Moselle. Table 3-2 of Article Annex 4-7 applies exclusively to it.

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Article R444-59 of the French Commercial code

Where a deed contains several agreements that derive from or depend on each other, only the fee for the main agreement is charged. If the agreements are independent and give rise to separate duties for registration, land registration tax or value added tax, the emoluments are due for each of them even if they are included in a single deed. The temporary agreement and the final agreement provided for in…

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Article R444-60 of the French Commercial code

The following are subject to the rules applicable to expert appraisals: 1° The fixing and collection of the remuneration of a notary appointed by the court to carry out an investigative measure or to fulfil an assignment not involving the drafting of a deed for which the fee is regulated; 2° The payment of the deposit and the collection of the remuneration of the notary appointed pursuant to the 10°…

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Article R444-62 of the French Commercial code

If a court-appointed notary is given a period of time in which to carry out a service or series of services of his ministry, the amount of the corresponding emoluments is reduced by half if the mission is not completed within the time limit set, and by three quarters if twice the said time limit is exceeded.

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Article R444-63 of the French Commercial code

The involvement of several notaries in the drafting or receipt of a deed does not increase the emolument, unless the deed is remunerated according to the number of hours spent. The division of emoluments, excluding discounts, is set by the regulations drawn up pursuant to the article 4 of order no. 45-2590 of 2 November 1945 relating to the status of notaries and articles 25 and 26 of decree no….

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