Chapter III: Conditions of practice

Unless there is a specific derogation provided for by the decree amending the jurisdiction of a commercial court or a judicial court ruling on commercial matters, the transfer of the files provided for in Article R. 743-162 must be carried out within three months of the date of entry into force of the decree amending the administrative or judicial district concerned. .

Unless a specific derogation is provided for by the decree amending the jurisdiction of a commercial court, the steps required by Article R. 743-163 of the clerk of the court now having jurisdiction must be completed within six months of receipt of the documents provided for in Article R. 743-162.

The provisions of articles R. 743-162 to R. 743-166 shall apply, as necessary, to the register of commercial agents.

No fees are payable to court clerks for striking off, re-registration and amending entries made necessary, in respect of the register of companies and the register of commercial agents, by a change in the jurisdiction of commercial courts following a new delimitation of administrative or judicial districts. .

The indemnities that may be due, as a result of the changes in jurisdictions provided for in Article R. 743-158, between the clerks of the commercial courts and the former clerks of the commercial courts who have not been replaced or their successors are assessed and distributed after the end of the second calendar year following the year in which these changes occurred. The amount and distribution of these allowances…

To determine the amount of compensation, the Minister of Justice will assess the value of the office by taking into account the average net revenue over the last five known financial years preceding the filing of the application for compensation and the average operating balance of the office over the same period. Net revenue is equal to the revenue collected by the office, as used to calculate the taxation of…

Where the activities of a closed registry are taken over by several registries, the cost of the compensation, the amount of which is determined under the conditions laid down in Article R. 743-171, is divided between them on the basis of the benefit resulting for each of them from the closure, taking into account in particular the average number of registrations in the Trade and Companies Register and changes made…

When the amendment provided for in Article R. 743-158 affects the jurisdiction of a judicial court ruling in commercial matters or the registry of a mixed commercial court, it gives rise to compensation under the following conditions: 1° In the event of an increase in the jurisdiction of the judicial court, the registrars of the commercial courts shall be compensated by the State for the abolition of their office or…

The compensation that may be due between public or ministerial officers, former public or ministerial officers who have not yet been replaced or their successors, other than those mentioned in article R. 743-169, as a result of changes in territorial jurisdiction, shall, in the absence of agreements between the interested parties under the supervision of the Keeper of the Seals, Minister of Justice, be fixed and distributed in accordance with…

Joint decrees may be issued by the Keeper of the Seals, Minister of Justice, and the ministers responsible for the economy and industry to determine the terms and conditions for the application of this section. .