Chapter I: The institution and its missions

Each natural person practising as a commercial court clerk in active employment is an elector and eligible as soon as he or she takes the oath. They cease to be so in the event of dismissal or resignation.

The organisation of the elections is entrusted to the office of the National Council which, before 15 September, sets the date for the opening of the ballot in the second fortnight of November preceding the date of the partial renewal of the National Council and ensures that it is publicised. As soon as this date has been set, the President shall notify the electors of the date and procedures for…

Candidate declarations shall be delivered against receipt, or sent by registered letter with acknowledgement of receipt, no later than one month before the date on which the ballot opens, to the Chairman of the National Council. No later than fifteen days before the opening date of the ballot, the president shall send to each voter and for each candidate a ballot paper containing the surname and first name of the…

The election of members of the National Council shall be by first-past-the-post ballot. Voting shall be by postal ballot. Ballots must reach the Chairman of the National Council within ten days of the date on which the ballot opens; at the end of this period, the ballot is closed. Each ballot paper shall be sent in a double envelope; the inner envelope, which contains the ballot paper, must be closed…

The candidates obtaining the highest number of votes for each seat shall be declared elected. In the event of a tie between several candidates obtaining the highest number of votes, the oldest shall be declared elected.

Any commercial court clerk may refer the election of the members of the National Council to the Paris Court of Appeal within ten days of the proclamation of the results. The appeal shall be lodged with the chief clerk of the court of appeal against a receipt or sent by registered letter with acknowledgement of receipt; it shall be investigated and judged in accordance with the rules applicable to proceedings…

The members of the National Council elect from among their number, by a first-past-the-post ballot and for a period of two years, a chairman, a vice-chairman and five members, who constitute the bureau. In the event of a tie, the oldest of the candidates is declared elected.

If a member of the National Council ceases to hold office before the expiry of his term of office, he shall be replaced within a period of three months; the duties of the new member shall end when those of the member he replaced would have ceased. The term of office of the Chairman, Vice-Chairman and officers shall end when the person concerned ceases to fulfil the conditions for membership…

The duties of a member of the National Council are free of charge. They may only give rise to the reimbursement of travel and subsistence expenses in accordance with the conditions laid down each year by the National Council. The President, the Vice-President and the members of the Executive Committee may receive, for representation expenses, an allowance the amount of which is laid down by the National Council.

The National Council may only deliberate and vote if at least two thirds of its members are present. In the event of a tie, the Chairman shall have the casting vote.