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Article R742-35 of the French Commercial code

The Keeper of the Seals, Minister of Justice may, on a proposal from the commission provided for in Article R. 742-36, grant the clerk referred to in Article R. 742-33 a partial exemption from the training period provided for in articles L. 811-5 and L. 812-3, to the article 2 du décret du 19 juin 1973 relatif à la formation professionnelle des commissaires priseurs et aux conditions d’accès à cette…

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Article R742-36 of the French Commercial code

A commission is set up to issue proposals for exemption from the training period provided for in article R. 742-35; it is composed as follows: 1° Three commercial court clerks appointed on the proposal of the Conseil national des greffiers des tribunaux de commerce; they may not sit when they are personally interested; 2° Two members of the profession to which the candidate wishes to enter, in active service or…

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Article R742-37 of the French Commercial code

The clerk of a commercial court who wishes to benefit from the provisions of article R. 742-35 must send his application by registered letter with acknowledgement of receipt, or hand it in against a receipt, to the secretariat of the commission. The application must be accompanied by all relevant information and documents, in particular those relating to the applicant’s professional experience, work, diplomas and publications. The applicant must also specify…

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Article R742-38 of the French Commercial code

Within six months of the completion of the probationary period provided for in article R. 742-35, the court clerk shall again refer the matter to the commission so that it may examine, in the light of the assessments of the probationary supervisor and the nature and quality of the work he or she has done, whether he or she may enter the desired profession. The procedure followed before the committee…

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Article R742-39 of the French Commercial code

The continuing training provided for by Article L. 743-15 ensures that the commercial court clerks update and perfect the knowledge required to practise their profession. The duration of continuing training is twenty hours over the course of a calendar year or forty hours over the course of two consecutive years. The continuing training obligation is satisfied: 1° Through participation in legal or professional training courses provided by the Conseil national…

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Article R742-40 of the French Commercial code

By 31 January of each calendar year at the latest, the registrars of the commercial courts declare to the National Council of Registrars of the Commercial Courts the conditions under which they have fulfilled their continuing training obligation during the previous year. The National Council monitors the effective fulfilment of the continuing training obligation of commercial court clerks by verifying the criteria for the training courses attended and their necessary…

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Article R743-1 of the French Commercial code

Without prejudice to the provisions of Article R. 213-29 of the Code of Judicial Organisation, each commercial court registry is inspected at least once every four years. It may also be subject to occasional unannounced inspections covering a particular area of the clerk’s professional activity or all of it. Each inspection is ordered by the Minister of Justice, either on his own initiative or at the request of the president…

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Article R743-2 of the French Commercial code

The Inspectorate General of Justice may also, at the request of the Keeper of the Seals, Minister of Justice, carry out occasional unannounced inspections covering all of the registrar’s activities. To this end, it may request the assistance of the inspectors mentioned in Article R. 743-1 or their technical opinion on the registry’s accounts.

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Article R743-3 of the French Commercial code

The Inspectorate General of Justice and the inspectors mentioned in Article R. 743-1 have, in the performance of their duties, a general power of investigation and control. They may be assisted by a chartered accountant and an auditor. The costs incurred by such assistance shall be advanced by the Conseil national des greffiers des tribunaux de commerce; they shall be recovered from the clerk of the commercial court inspected if…

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Article R743-4 of the French Commercial code

Except in the cases provided for in article R. 743-2, the inspectors mentioned in article R. 743-1 send a report of their mission to the public prosecutor. Occasional inspections give rise to a detailed report. These documents are sent to the Minister of Justice at the end of each inspection. A copy is sent to the president of the Conseil national des greffiers des tribunaux de commerce and to the…

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