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TITLE III: Brokers, commission agents, carriers, commercial agents and independent door-to-door salespeople.

Article L131-3 of the French Commercial code

Brokers of transport by land and water constituted in accordance with the law have alone, in the places where they are established, the right to broker transport by land and water. They may not combine their duties with those of goods brokers or ship’s master brokers, designated in Article L. 131-1.

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Article L131-11 of the French Commercial code

The fact that a broker is entrusted with a brokerage transaction for a matter in which he had a personal interest, without informing the parties to whom he will have acted as intermediary, is punishable by a fine of 3,750 euros without prejudice to the parties’ action for damages. If he is registered on the list of brokers referred to in article L. 131-12, he shall be struck off the…

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Article L131-12 of the French Commercial code

The list of sworn goods brokers is drawn up by each court of appeal at the request of the public prosecutor. It shall show, for each of them, the date of their registration as well as their professional specialisation(s) as sanctioned by the aptitude test provided for in 5° of article L. 131-13. The Court of Appeal may make new entries or amendments to the list whenever it is required…

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Article L131-13 of the French Commercial code

No person may be entered on the list of sworn goods brokers of a court of appeal unless he fulfils the following conditions: 1° Be French or a national of a Member State of the European Union or of another State party to the Agreement on the European Economic Area ; 2° Not have been subject to personal bankruptcy or any other sanction pursuant to Title V of Book VI…

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Article L131-14 of the French Commercial code

In order for a legal entity to be registered on the list of sworn goods brokers of a court of appeal, it must be proven : 1° That its directors have not been the subject of a final criminal conviction for acts contrary to honour, probity or morality or acts of the same nature that have given rise to a disciplinary or administrative sanction of dismissal, striking off, revocation, withdrawal…

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Article L131-15 of the French Commercial code

Sworn merchandise brokers must provide evidence of: 1° The existence in a credit institution of an account intended exclusively to receive funds held on behalf of others; 2° Insurance covering their professional liability; 3° Insurance or a guarantee guaranteeing the representation of the funds mentioned in 1°.

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Article L131-16 of the French Commercial code

Any change occurring in the situation of brokers who have applied for or obtained their registration on a list, with regard to the conditions set out in article L. 131-15, must be brought to the attention of the Public Prosecutor without delay.

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