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Article L123-3 of the French Commercial code

Failure by a natural person trader to apply for registration within the prescribed period, the judge, acting either ex officio or at the request of the public prosecutor or any person demonstrating an interest therein, shall issue an order enjoining the trader, where applicable under a fine, to apply for registration. Under the same conditions, the judge may enjoin, if necessary under a penalty payment, any person registered in the…

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Article L123-5 of the French Commercial code

Giving inaccurate or incomplete information in bad faith with a view to registration, deletion or an additional or amending entry in the trade and companies register is punishable by a fine of 4,500 euros and six months’ imprisonment. The competent court may, in addition, deprive the person concerned, for a period not exceeding five years, of the right to vote and stand as a candidate in elections to the commercial…

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Article L123-5-1 of the French Commercial code

At the request of any interested party or of the public prosecutor, the president of the court, ruling in summary proceedings, may enjoin, subject to a fine, the manager of any legal person to file the documents and deeds in the register of commerce and companies to which that legal person is required by legislative or regulatory provisions. The president may, under the same conditions and for the same purpose,…

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Article L123-5-2 of the French Commercial code

When the directors of a commercial company processing agricultural products, marketing food products, operating, directly or indirectly, one or more retail shops selling mass-market products or operating in the distribution sector as a central referencing or purchasing office for retail businesses do not file their accounts under the conditions and within the time limits laid down in articles L. 232-21 to L. 232-23, the president of the commercial court may…

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Article L123-6 of the French Commercial code

The trade and companies register is kept by the registrar of each commercial court, under the supervision of the president or a judge appointed for this purpose, who have jurisdiction over any disputes between the taxable person and the registrar.

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Article L123-7 of the French Commercial code

The registration of a natural person carries with it a presumption of merchant status. However, this presumption is not enforceable against third parties and administrations that provide proof to the contrary. Third parties and public authorities are not entitled to rely on the presumption if they knew that the registered person was not a trader.

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Article L123-8 of the French Commercial code

A person subject to registration who has not applied for registration by the end of a period of fifteen days from the commencement of his activity may not, until he is registered, rely on the status of trader with regard to third parties or public administrations. However, it may not invoke its failure to be entered in the register to evade the responsibilities and obligations inherent in that status. Without…

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Article L123-9 of the French Commercial code

A person subject to registration may not, in the course of his business, invoke against third parties or public administrations, who may, however, invoke them, the facts and acts subject to mention unless the latter have been published in the register. In addition, a person subject to a deposit of acts or documents appended to the register may not invoke them against third parties or administrations, unless the corresponding formality…

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Article L123-10 of the French Commercial code

Individuals applying for registration in the Trade and Companies Register or the National Register of Companies as a business in the trades and crafts sector must declare the address of their business and prove that they are entitled to use it. In particular, they may domicile their company in premises occupied jointly by several companies under conditions laid down by decree in the Conseil d’Etat. This decree also specifies the…

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Article L123-11 of the French Commercial code

Any legal entity applying for registration in the Trade and Companies Register must provide proof of enjoyment of the premises or premises where it sets up, alone or with others, the registered office of the business or, where this is located abroad, the agency, branch or representation established on French territory. The domiciliation of a legal entity in premises occupied jointly by several companies is authorised under conditions laid down…

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