Chapter III: Conditions of practice

No remuneration is payable for the preparation and issue of copies, certificates and extracts of any kind requested by the judicial authorities or by the Ministry of Justice from the registrars of the commercial courts.

The registrar of a commercial court may issue, by way of simple information, collated copies which are neither signed, sealed nor certified true of documents of any kind filed with the registry of which the person requesting the copy may lawfully be given access.

No remuneration is payable: 1° For handwritten entries made for internal information purposes at the registry, on deeds or documents kept at the registry or drawn up by it or on documents produced; 2° For ex officio entries provided for under: a) Procedures for the receivership or compulsory liquidation of companies opened on or after 1 January 2006 and the professional recovery procedure instituted by Chapter V of Title IV…

When the consultation of entries in the legal publicity registers gives rise to the issue of a copy, the latter is invoiced in accordance with the terms and conditions set out in an order made pursuant to Article L. 444-3. When carried out by the judicial authorities, by the Ministry of Justice or by the public administrations specified by joint order of the Ministers of Justice and of the Economy,…

Before any payment is made, the court clerks are required to provide the parties, even if they do not request it, with the detailed account or accounts relating to the sums for which they are liable on any grounds whatsoever. The invoice shall distinguish between: remuneration exclusive of tax, diligence and fixed rates for transmission exclusive of tax, disbursements, value added tax and the total amount inclusive of tax. In…

Accounts in accordance with the general chart of accounts are kept in each commercial court registry.

Commercial court registrars are also required to draw up one or more chronological registers of invoices for all the registry acts and formalities they carry out. These register(s) show details of the sums claimed in respect of fees, lump sums and disbursements. Another register, kept in chronological order, gives details of the sums collected and the corresponding act or formality.

A receipt shall be issued for any cash payment made to the registry. A receipt shall not, however, be issued for payments made through the registrar’s bank account. The clerks are enjoined to receive cheques of any kind given to them in payment, unless, if they deem it appropriate, they do not issue the documents or proceed with the formality requested until they have been cashed. All headed paper of…

The clerks of the commercial courts may, before proceeding with the acts of their department, require from the party requesting the acts or formalities a sufficient advance for the payment of the costs, emoluments, disbursements and remuneration relating to these acts or formalities. The provision shall include, where applicable, the amount of fees due to the National Institute of Industrial Property for maintaining the National Register of Companies. In the…

The Public Prosecutor or the State Prosecutor shall, whenever they deem it useful, check the registers and documents of any kind of the registries within their jurisdiction. In the event of an infringement, they shall report the matter to the Minister of Justice and inform the President of the National Council of Registrars so that any appropriate action may be taken against the offender. The President of the Commercial Court…