The clerk of a commercial court that has been abolished is appointed clerk of a commercial court that has been created without it being necessary to resort to the procedure provided for in articles R. 742-19 to R. 742-23, in the following cases: 1° Where the commercial court created has the same jurisdiction as the court abolished, the change affecting only the commune with the court’s seat; 2° Where the…
There is no need to use the procedure provided for in articles R. 742-19 to R. 742-23 to appoint as clerk of the new court a natural or legal person who, pursuant to article R. 742-29, is the clerk of each of the abolished courts.
There is no need to wait for the expiry of the period provided for in the first paragraph of article R. 743-169 when compensation is due, pursuant to the provisions of articles R. 743-169 and R. 743-176, following the merger of two or more commercial courts.
The commercial court clerk who wishes to exercise his right of presentation shall inform the Minister for Justice, the Keeper of the Seals, by teleprocedure on the website of the Ministry of Justice, of this plan and of the amount of compensation requested in this respect, which corresponds to the value of the office. Unless the compensation requested appears to be manifestly excessive, an order of the Minister of Justice…
When selecting a successful candidate from the competition provided for in article R. 742-6-1, the Registrar shall designate, from among the candidates from the same class, the highest-ranked candidate, provided that the candidate undertakes to pay the compensation requested. When selecting a company composed wholly or partly of successful candidates from the competition provided for in Article R. 742-6-1, the Registrar shall ensure that there is no successful candidate from…
The candidate selected to succeed a commercial court clerk shall apply for the approval of the Minister of Justice, in the manner provided for in this article. The application for appointment shall be submitted to the Minister of Justice, by tele-procedure on the website of the Ministry of Justice. It shall be accompanied by any supporting documents, and in particular by the agreements entered into between the holder of the…
A single person may, at his or her request, be appointed clerk to several commercial courts whose registered offices are located within the same jurisdiction of the court of appeal. .
The Minister of Justice may decide, within the jurisdiction of a commercial court and with the agreement of the court clerk or at his request, to create one or more branch registries. The decision lays down the conditions under which these registries are open to the public. Prior to his decision, the Minister of Justice consults the Conseil national des greffiers des tribunaux de commerce by registered letter with acknowledgement…
Within one month of their appointment, commercial court clerks take an oath before the commercial court, in the following terms: “I swear to faithfully perform my duties with accuracy and probity and to observe in everything the duties they impose on me.” They may only perform their duties from the day on which they take the oath. Any commercial court clerk who does not take the oath of office within…
The application for authorisation to extend the activity provided for in article L. 741-1 is submitted to the Minister of Justice, by tele-procedure on the Ministry of Justice website, no later than two months before the interested party’s seventieth birthday.
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is a Registered Trademark of
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75001, Paris France
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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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