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Article L321-23 of the French Commercial code

The Conseil des maisons de vente comprises a Sanctions Committee made up of three members, appointed for a term of four years by the Minister of Justice: 1° A member of the Conseil d’Etat, active or honorary, appointed on the proposal of the vice-president of the Conseil d’Etat; 3° A person who has ceased practising the activity of voluntary sale by public auction within the last five years. Alternate members…

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Article L321-23-1 of the French Commercial code

A magistrate from the judiciary is appointed to perform the duties of Government Commissioner to the Conseil des maisons de vente. The Government commissioner is assisted by a person who has not been involved in voluntary sales by public auction for less than five years. The Government Commissioner investigates claims made against the persons mentioned in articles L. 321-4 and L. 321-24. It may propose an amicable solution to disputes…

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Article L321-23-2 of the French Commercial code

I.-Any breach of the laws, regulations or professional obligations applicable to the persons mentioned in I and II of article L. 321-4 and to persons authorised to manage sales pursuant to the first paragraph of article L. 321-9. The limitation period is three years from the date of the breach. However, if the person concerned is the perpetrator of acts that have given rise to a criminal conviction, the action…

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Article L321-24 of the French Commercial code

Nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area who permanently carry out the activity of voluntary sales of furniture by public auction in one of these States other than France may carry out this professional activity in France on an occasional basis. This activity may only be carried out after a declaration has been made to…

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Article L321-25 of the French Commercial code

Persons practising the activity of voluntary sales of furniture by public auction on a permanent basis in their country of origin shall use, in France, their capacity expressed in the language or one of the languages of the State in which they are established, accompanied by a translation into French, as well as, where applicable, the name of the professional body to which they belong.

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Article L321-26 of the French Commercial code

To be able to carry out the activity of voluntary sales of furniture by public auction on a temporary and occasional basis, a national of a Member State of the European Union or of another State party to the Agreement on the European Economic Area must provide evidence in the declaration referred to in Article L. 321-24 that he is legally established in one of these States, that he is…

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Article L321-27 of the French Commercial code

Nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area are required to comply with the rules governing the activity of voluntary sales of furniture by public auction provided for by Articles L. 321-1 to L. 321-3 and L. 321-5 to L. 321-17 without prejudice to their non-contradictory obligations in the State in which they are established.

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Article L321-28 of the French Commercial code

In the event of a breach of the laws, regulations or professional obligations applicable to them or of the provisions of this chapter, nationals of the Member States of the European Union and of the States party to the Agreement on the European Economic Area are subject to the provisions of articles L. 321-23 to L. 321-23-3. However, the penalties of a temporary or permanent ban on carrying out the…

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