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Article R743-139-3 of the French Commercial code

The salaried commercial court clerk invested with a mandate in the Conseil national des greffiers des tribunaux de commerce may not participate in deliberations or votes on disciplinary matters concerning the titular clerk of the office or the associated clerks exercising their functions within the titular company of the office in which he is employed. The latter may not, when invested with such a mandate, participate in deliberations or votes…

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Article R743-139-5 of the French Commercial code

Any plan to recruit a salaried court clerk is brought to the attention of the Minister for Justice, the Keeper of the Seals, by tele-procedure on the website of the Ministry of Justice. The Minister of Justice will publicise this announcement by means of an order specifying the closing date for applications. The deadline for candidates to submit their applications may not be less than thirty days from publication of…

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Article R743-139-6 of the French Commercial code

When the number of full or partner commercial court clerks practising within the office falls below half the number of salaried commercial court clerks, the office holder has a period of one year to comply with the provisions of the first paragraph of l’article L. 743-12-1.

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Article R743-139-8 of the French Commercial code

The application shall be submitted jointly by the holder of the office and the candidate for appointment to the duties of salaried commercial court clerk selected under the conditions provided for in Article R. 743-139-5, to the Keeper of the Seals, Minister of Justice, by tele-procedure on the website of the Ministry of Justice. It shall be accompanied by a copy of the employment contract and all necessary supporting documents…

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Article R743-139-9 of the French Commercial code

The Minister for Justice shall obtain the reasoned opinion of the board of the National Council of Commercial Court Clerks, in particular on the applicant’s good character, professional abilities and the compliance of the employment contract with the code of ethics and professional rules. If, twenty days after the matter has been referred to it, by any means capable of conferring a date certain, the National Council has not sent…

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Article R743-139-11 of the French Commercial code

Within one month of his appointment, the salaried clerk shall take the oath provided for in Article R. 742-31. He may only perform his duties from the day on which he takes his oath. Any salaried registrar who has not taken his oath within one month of the publication of the order provided for in Article R. 743-139-7 is deemed, except in cases of force majeure, to have renounced his…

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Article R743-139-12 of the French Commercial code

The President of the Conseil national des greffiers des tribunaux de commerce shall be seised as mediator of any dispute arising from the performance of an employment contract either by application lodged against receipt at the secretariat of the council, or by registered letter with acknowledgement of receipt. The act of referral shall specify, on pain of inadmissibility, the identity of the parties, the subject matter of the dispute and…

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Article R743-139-13 of the French Commercial code

The Chairman of the National Council or, if he is absent or unable to attend, the Vice-Chairman shall summon the parties by registered letter with acknowledgement of receipt within fifteen days of the referral and at least eight days before the date of the mediation session. A copy of the referral document shall be attached to the summons of the party that did not initiate the mediation. The summons shall…

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