BOOK VII: Commercial jurisdictions and the organisation of commerce.

The company is formed subject to the suspensive condition of its appointment by the Minister of Justice; the condition is deemed to have been fulfilled on the date of publication of the order provided for in article R. 743-31.

The appointment of a company to a commercial court clerk’s office, the appointment of each of the partners who will practice within the company and the acceptance of their resignation are pronounced by order of the Minister of Justice. .

The application for appointment of the company shall be submitted by the representative of the company or, where the company has not yet been formed, by that of the partners jointly with the application for appointment of those of the partners who intend to practise in the office. The application shall be sent by teleprocedure on the website of the Ministry of Justice. It shall be accompanied by any supporting…

I. – The conseil national des greffiers des tribunaux de commerce shall communicate to the garde des sceaux, ministre de la justice, within twenty days of its request, any information in its possession enabling the latter to assess the professional abilities and good repute of each of the partners who intend to practise within the office and of each of the persons mentioned in II who fall within its remit….

Where a company is formed between the clerks of commercial courts that have been abolished and replaced by a court whose jurisdiction includes all the jurisdictions of the abolished courts, that company may be appointed clerk of the new commercial court without it being necessary to resort to the procedure provided for in Articles R. 742-19 to R. 742-23.

Each of the orders issued for the application of articles R. 743-42, R. 743-47, R. 743-69, R. 743-100, R. 743-101, R. 743-123, R. 743-126 and R. 743-127 amends or supplements the order provided for in article R. 743-31. It sets the list of associated commercial court clerks, taking into account the withdrawal or appointment of some of them. At the company’s request, a copy of each of these orders and…

If the articles of association are drawn up by private deed, as many originals are drawn up as are necessary to provide each partner with a copy and to comply with the provisions of articles R. 743-32 and R. 743-41. .

The following may be contributed to a company: 1° The exercise by a resigning commercial court clerk, a manager of a professional non-trading company or a legal representative of a liberal practice company in the process of being dissolved or by a liquidator of a dissolved company, of the right to present the company as a successor for approval by the Keeper of the Seals, Minister of Justice ; 2°…

Subject to the condition precedent provided for in article R. 743-30, the capital securities or company shares allocated as consideration for the contributions in kind are deemed to be paid up by the commitment made in the partnership deed by the contributor either to exercise his right of presentation in favour of the company in the cases referred to in 1° and 2° of article R. 743-37, or, in the…