BOOK VII: Commercial jurisdictions and the organisation of commerce.

Before any payment is made, the court clerks are required to provide the parties, even if they do not request it, with the detailed account or accounts relating to the sums for which they are liable on any grounds whatsoever. The invoice shall distinguish between: remuneration exclusive of tax, diligence and fixed rates for transmission exclusive of tax, disbursements, value added tax and the total amount inclusive of tax. In…

Accounts in accordance with the general chart of accounts are kept in each commercial court registry.

Commercial court registrars are also required to draw up one or more chronological registers of invoices for all the registry acts and formalities they carry out. These register(s) show details of the sums claimed in respect of fees, lump sums and disbursements. Another register, kept in chronological order, gives details of the sums collected and the corresponding act or formality.

A receipt shall be issued for any cash payment made to the registry. A receipt shall not, however, be issued for payments made through the registrar’s bank account. The clerks are enjoined to receive cheques of any kind given to them in payment, unless, if they deem it appropriate, they do not issue the documents or proceed with the formality requested until they have been cashed. All headed paper of…

The clerks of the commercial courts may, before proceeding with the acts of their department, require from the party requesting the acts or formalities a sufficient advance for the payment of the costs, emoluments, disbursements and remuneration relating to these acts or formalities. The provision shall include, where applicable, the amount of fees due to the National Institute of Industrial Property for maintaining the National Register of Companies. In the…

The Public Prosecutor or the State Prosecutor shall, whenever they deem it useful, check the registers and documents of any kind of the registries within their jurisdiction. In the event of an infringement, they shall report the matter to the Minister of Justice and inform the President of the National Council of Registrars so that any appropriate action may be taken against the offender. The President of the Commercial Court…

Where the work, formalities, diligence or assignments referred to in Annex Article 4a-3 are carried out in his exclusive interest, the representative of the interested party may not claim reimbursement from the latter of the specific fees received by the Registrar.

Any failure to comply with an obligation under this section shall constitute a disciplinary offence.

The provisions of this section shall not apply in the départements of Bas-Rhin, Haut-Rhin and Moselle or in respect of the judicial courts which hear matters assigned to the commercial courts.