Chapter III: Conditions of practice

Each of the orders issued for the application of articles R. 743-42, R. 743-47, R. 743-69, R. 743-100, R. 743-101, R. 743-123, R. 743-126 and R. 743-127 amends or supplements the order provided for in article R. 743-31. It sets the list of associated commercial court clerks, taking into account the withdrawal or appointment of some of them. At the company’s request, a copy of each of these orders and…

If the articles of association are drawn up by private deed, as many originals are drawn up as are necessary to provide each partner with a copy and to comply with the provisions of articles R. 743-32 and R. 743-41. .

The following may be contributed to a company: 1° The exercise by a resigning commercial court clerk, a manager of a professional non-trading company or a legal representative of a liberal practice company in the process of being dissolved or by a liquidator of a dissolved company, of the right to present the company as a successor for approval by the Keeper of the Seals, Minister of Justice ; 2°…

Subject to the condition precedent provided for in article R. 743-30, the capital securities or company shares allocated as consideration for the contributions in kind are deemed to be paid up by the commitment made in the partnership deed by the contributor either to exercise his right of presentation in favour of the company in the cases referred to in 1° and 2° of article R. 743-37, or, in the…

The capital securities or shares of a company holding an office of clerk of the commercial court may not be pledged or sold at public auction.

Withdrawal of funds from cash subscriptions shall be made by an agent of the company on proof only of the appointment of the latter to the office of clerk of the commercial court.

The registration of the company in the Trade and Companies Register is governed by articles R. 123-31 et seq, subject to the following provisions: An ampliation of the appointment order provided for in article R. 743-31 is sent by the partners to the clerk of the court where the application for registration in the Trade and Companies Register was filed; on receipt of this ampliation, the clerk of the court…

The legislative or regulatory provisions relating to the swearing in and the lodging of the signature and initials of natural persons appointed to the office of clerk of the commercial court shall apply to the members of a company holding the office of clerk of the commercial court practising within the company and to the associated clerks of the commercial court. The company may not take up office until all…