Chapter III: Conditions of practice

Natural persons who fulfil the conditions required to practise the profession of commercial court clerk may form a société civile professionnelle between themselves, which may be appointed commercial court clerk: 1° Either to replace the holder of an existing office, who exercises the right of presentation in his favour; 2° Or in a vacant office; 3° Or, in the event of the creation of a commercial court, in the office…

Where the company is a candidate for appointment to an office to replace the existing holder, it shall proceed in accordance with the provisions set out in articles R. 742-27-1 and R. 742-27-2. However, these provisions do not apply in cases where the existing proprietor makes use of his right of presentation in favour of a company of which he will himself be a practising partner. Where the company is…

A société civile professionnelle (non-trading company) formed by the conversion of a société d’exercice libéral (non-trading company) holding an office must be approved by order of the Minister of Justice.

Without prejudice to any other useful indications and in particular those provided for by articles 8, 10, 11, 14, 15, 19 and 20 of the loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles, concernant respectivement la dénomination sociale, la répartition des parts, les gérants, la répartition des bénéfices, les dettes sociales, les cessions de parts ou de celles qui sont prévues par le présent titre, les…

The partners’ industry, which, pursuant to the article 1843-2 of the Civil Code, does not contribute to the formation of capital but may give rise to the allocation of interest shares, may be the subject of contributions to a société civile professionnelle that holds an office of clerk of the commercial court.

The nominal amount of company shares may not be less than 150 euros. Interest shares corresponding to contributions in kind are non-transferable and must be cancelled when their holder leaves the company for any reason whatsoever, including its dissolution.

Company shares corresponding to cash contributions must be paid up, at the time of subscription, to the extent of at least one quarter of their nominal value. The surplus must be paid up in one or more instalments, either on the dates provided for in the Articles of Association, or by decision of the members’ meeting and at the latest within five years of the company’s appointment.

Within eight days of receipt, the funds from cash subscriptions shall be deposited either with the Caisse des dépôts et consignations, a notary or a credit institution.

The company is exempt from inserting in a legal announcements medium the notices provided for in articles 22, 24 and 26 of decree no. 78-704 of 3 July 1978 relating to the application of law no. 78-9 of 4 January 1978 amending Title IX of Book III of the Civil Code.