Chapter III: Conditions of practice

The company is formed subject to the suspensive condition of its appointment by the Minister of Justice; the condition is deemed to have been fulfilled on the date of publication of the order provided for in article R. 743-31.

The appointment of a company to a commercial court clerk’s office, the appointment of each of the partners who will practice within the company and the acceptance of their resignation are pronounced by order of the Minister of Justice. .

The application for appointment of the company shall be submitted by the representative of the company or, where the company has not yet been formed, by that of the partners jointly with the application for appointment of those of the partners who intend to practise in the office. The application shall be sent by teleprocedure on the website of the Ministry of Justice. It shall be accompanied by any supporting…

I. – The conseil national des greffiers des tribunaux de commerce shall communicate to the garde des sceaux, ministre de la justice, within twenty days of its request, any information in its possession enabling the latter to assess the professional abilities and good repute of each of the partners who intend to practise within the office and of each of the persons mentioned in II who fall within its remit….

Where a company is formed between the clerks of commercial courts that have been abolished and replaced by a court whose jurisdiction includes all the jurisdictions of the abolished courts, that company may be appointed clerk of the new commercial court without it being necessary to resort to the procedure provided for in Articles R. 742-19 to R. 742-23.