Chapter VIII: National register of persons prohibited from managing assets

The Conseil national des greffiers des tribunaux de commerce may entrust the implementation of the national file of those prohibited from managing to the group mentioned in a of article R. 741-5 acting on its behalf and under its authority.

The measures mentioned in the third paragraph of article L. 128-1 are entered on the national file of those prohibited from managing by the registrar of the commercial court responsible for keeping the register of companies and businesses in which the natural person who is the subject of the ban or the legal entity of which he was the de jure or de facto manager is registered, as soon as…

As an exception to the preceding article, in the event that the natural person who is the subject thereof or the legal entity of which he was the de jure or de facto director was registered in a trade and companies register kept with the courts mentioned in articles L. 731-1 et L. 732-1 or, if it was not registered, when they are pronounced by one of these courts, the…

I.-A serial number is allocated to each entry. II.-All entries in the national file of persons prohibited from managing assets include the following: 1° The surname, given name, date and place of birth, nationality and place of residence of the person whose personal bankruptcy has been declared or who is the subject of the prohibition order; the place of residence is that mentioned in the decision declaring the order; 2°…

When one of the measures mentioned in the third paragraph of article L. 128-1 is removed from the register of commerce and companies, the registrar responsible for keeping this register, where applicable informed by the registrar of the commercial court that has ordered the removal or by the public prosecutor if the removal is ordered by a civil or criminal court, as soon as the decision is no longer subject…

The following may be recipients of information and personal data recorded in the national file of persons prohibited from managing: 1° Pursuant to 3° of Article L. 128-2 : a) Judicial police officers of the national police, individually designated and specially authorised, either by the heads of the decentralised services of the national police, or by the heads of the services of the police prefecture or, where applicable, the police…

The request for communication of information and personal data recorded in the national file of those prohibited from managing by the recipients mentioned in 1° to 4° of Article L. 128-2 and their communication to the latter are carried out electronically and are subject to secure electronic authentication, in accordance with the requirements of ordonnance no. 2005-1516 of 8 December 2005 as amended relating to electronic exchanges between users and…

The Conseil national des greffiers des tribunaux de commerce concludes agreements with: 1° The Minister of Justice as regards, on the one hand, the communication of personal information and data recorded in the file to the magistrates and staff referred to in 1° and 2° of Article L. 128-2 and, on the other hand, access to consultation of this file by the registrars of the civil courts ruling in commercial…

Consultations, modifications and queries of the national file of persons prohibited from managing carried out by the persons mentioned in article L. 128-2 are recorded and kept for a period of thirty months from their registration.

The rights of access and rectification provided by articles 39 and 40 of amended Act no. 78-17 of 6 January 1978 relating to information technology, files and freedoms may be exercised with the Conseil national des greffiers des tribunaux de commerce.