Chapter VII: Provisions adapting Book VII.

The first paragraph of article L. 721-1 is worded as follows: “The mixed commercial court is composed of the president of the court of first instance, president, elected judges, subject to the provisions of article L. 937-13, and a court clerk. This court exercises the powers devolved in metropolitan France to the commercial court. “

Article L. 722-1 is worded as follows: “Art. L. 722-1 -Decisions of the Mixed Commercial Courts are handed down, except where provisions provide for a single judge, by a panel comprising, in addition to the President, three judges elected or appointed under the conditions provided for in Article L. 937-13. In the event of a tie, the chairman has the casting vote. “

The first paragraph of article L. 722-6 reads as follows: “The judges of the mixed commercial courts are elected for four years. They may be re-elected. “

For the application of article L. 722-6-1, the words: “mandat de conseiller prud’homme” are replaced by the words: “mandat d’assesseur d’un tribunal du travail”.

Article L. 723-1 reads as follows: “Art. L. 723-1 -I.-The judges of the mixed commercial courts are elected within the jurisdiction of each of these courts by a college composed of: 1° Electors in their personal capacity: a) Traders registered in New Caledonia in the Trade and Companies Register, subject, in the case of general partners and general partners, to the provisions of IV of this article; b) Company managers…

Article L. 723-2 reads as follows: “Art. L. 723-2 -I.-The representatives referred to in Article L. 723-1 applicable in New Caledonia must hold positions in the company either as chairman and chief executive officer, chairman or member of the board of directors, chief executive officer, chairman or member of the management board, chairman of the supervisory board, manager, chairman or member of the board of directors or director of a…

For the application of article L. 723-3, the words: “the judge responsible for supervising the trade and companies register. In the event of the creation of a commercial court, the first president of the court of appeal shall appoint a magistrate from the judiciary as chairman of the commission” are replaced by the words: “a magistrate from the judiciary appointed by the first president of the court of appeal”.

Article L. 723-4 reads as follows: “Art. L. 723-4 -Subject to the provisions of Article L. 937-9, persons aged at least thirty years who are registered on the electoral list drawn up pursuant to Article L. 937-6 and who can prove either that they have been registered in New Caledonia for five years in the Trade and Companies Register or, for the same period, that they have exercised one of…

The first paragraph of article L. 723-7 reads as follows: “After twelve years of uninterrupted judicial office in the same mixed commercial court, judges of mixed commercial courts are no longer eligible for election in that court for one year. “

For the application of article L. 723-9, the words: “by post or by electronic means. “are replaced by the words: “by proxy or by post in accordance with the conditions laid down by decree in the Conseil d’Etat. Each voter may only have one proxy. “