The clerks of the commercial courts are public and ministerial officers. They cease to hold office when they reach the age of seventy. With the authorisation of the Minister of Justice, they may continue to perform their duties until the day on which their successor takes the oath, for a period that may not exceed twelve months. .
The profession of commercial court clerk is represented before the public authorities by a National Council of Commercial Court Clerks, which has legal personality and is responsible for defending its collective interests. The National Council may, before all courts, exercise all the rights reserved to civil parties in relation to acts that are directly or indirectly prejudicial to the collective interests of the profession. The methods of election and operation…
The conditions for admission to the profession of commercial court clerk are laid down by decree in the Conseil d’Etat. They include in particular a competitive examination, a traineeship and an interview to validate the traineeship, subject to the exemptions provided for by that decree. .
The rules allowing commercial court clerks access to the other legal and judicial professions are set by decree in the Conseil d’Etat.
Commercial court clerks are subject, in their professional activity, to inspections under the authority of the Minister of Justice, under conditions laid down by decree in the Council of State. During these inspections, they are required to provide all useful information and documents without being able to invoke professional secrecy.
A decree in the Council of State shall lay down the conditions for the application of this chapter.
Commercial court clerks may practise their profession on an individual basis, as an employee of a natural or legal person holding a commercial court clerk’s office, in the form of professional non-trading companies or in the form of self-employed companies as provided for by the loi n° 90-1258 du 31 décembre 1990 relative à l’exercice sous forme de sociétés des professions libérales soumises à un statut législatif ou réglementaire ou…
A natural person holding a commercial court registry may not employ more than two salaried commercial court registrars. A legal entity holding a commercial court registry may not employ a number of salaried commercial court registrars greater than twice that of the associated commercial court registrars practising there. Under no circumstances may the employment contract of the salaried commercial court registrar infringe the code of ethics issued by decree in…
The emoluments of the clerks of the commercial courts are set pursuant to Title IV bis of Book IV of this Code. No fees are payable by the natural persons mentioned in article L. 613-7 of the Social Security Code carrying on a commercial activity for formalities relating to registration in the Trade and Companies Register, amending entries or deletions from that register.
The sums held by the clerks of the commercial courts on behalf of third parties and falling within categories set by decree in the Conseil d’Etat are deposited in a specially allocated account opened for this purpose with the Caisse des dépôts et consignations. The same decree determines the conditions under which the funds are deposited.
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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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