The valuation, in the absence of an expert appointed by agreement between the parties, and the sale by public auction of goods deposited in a general shop pursuant to article L. 522-31 must be carried out by sworn goods brokers. Sworn goods brokers may be called upon to carry out judicial or amicable expert appraisals of wholesale goods.
Sworn merchandise brokers are competent, unless the court appoints a judicial auctioneer or another public officer, to conduct the following public sales: 1° Wholesale sales of goods authorised or ordered by the commercial court under the conditions provided for in articles L. 322-14 et seq.; 2° Sales of the debtor’s goods in the event of compulsory liquidation under the conditions provided for in articles L. 642-19 et seq; 3° Sales…
Sworn merchandise brokers may be appointed to conduct the following public sales:
Under penalty of permanent removal from the list of the Court of Appeal, a sworn goods broker commissioned to carry out a public sale or who has been asked to estimate the value of goods deposited in a general shop may not acquire on his own behalf the goods whose sale or estimation has been entrusted to him.
Brokerage fees for public sales and the amount of fees payable to a sworn goods broker for the valuation of goods deposited in a general shop are set in accordance with the conditions laid down by order of the Minister for Trade. However, in the case of judicial or forced public auction sales, the remuneration of sworn goods brokers is set by applying the tariff of judicial auctioneers.
Any breach of the laws and regulations relating to his profession or his duties as a sworn goods broker and any breach of probity or honour, even relating to facts unrelated to the tasks entrusted to him, exposes the sworn goods broker to disciplinary proceedings. The lapsing of the registration or striking off of a sworn goods broker’s name does not prevent prosecution if the acts of which he is…
Sworn commodity brokers are represented by a National Council of Sworn Commodity Brokers.
The National Council, a non-profit organisation with legal personality, is responsible for : 1° Examining, at national level, questions relating to the exercise of the function of sworn goods broker and, where appropriate, giving the public authorities its opinion on these questions; 2° Giving its opinion to the appeal courts on applications for the functions of sworn goods broker; 3° Keeping up to date, at national level, the list of…
A decree of the Conseil d’Etat shall lay down the conditions for the application of this section, in particular the procedures for registration on the lists of sworn goods brokers, as well as those relating to the taking of the oath, honorary membership, disciplinary procedures and the organisation and operation of the National Council of Sworn Goods Brokers.
A commission agent is one who acts in his own name or under a corporate name on behalf of a principal. The duties and rights of a commission agent acting on behalf of a principal are determined by the Title XIII of Book III of the Civil Code.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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