Section 2: Sworn goods brokers

If, within the jurisdiction of the Court of Appeal, there is no sworn broker specialising in a given category of goods, or if this broker refuses, the court may appoint a broker in the speciality in question who is sworn to another Court of Appeal, or a sworn goods broker practising another professional speciality within its jurisdiction. Outwith cases of designation by the court, the sworn goods broker is competent…

The price of goods quoted on the stock exchange is recorded by the sworn goods brokers of the corresponding professional speciality operating on this market. In the event that these brokers do not sufficiently represent all the professional specialities and commercial operations that are practised on this market, the Chamber of Commerce and Industry, after consulting the National Council of Sworn Commodity Brokers, may decide each year that a certain…

Sworn goods brokers issue certificates of the course of goods when these have been established under the conditions provided for in Article L. 131-24. If this is not the case, they draw up price statements indicating, under their responsibility, the price charged for goods on the date and at the location specified.

Sworn merchandise brokers sell and buy back merchandise in the event of non-performance of a contract.

The valuation, in the absence of an expert appointed by agreement between the parties, and the sale by public auction of goods deposited in a general shop pursuant to article L. 522-31 must be carried out by sworn goods brokers. Sworn goods brokers may be called upon to carry out judicial or amicable expert appraisals of wholesale goods.

Sworn merchandise brokers are competent, unless the court appoints a judicial auctioneer or another public officer, to conduct the following public sales: 1° Wholesale sales of goods authorised or ordered by the commercial court under the conditions provided for in articles L. 322-14 et seq.; 2° Sales of the debtor’s goods in the event of compulsory liquidation under the conditions provided for in articles L. 642-19 et seq; 3° Sales…

Sworn merchandise brokers may be appointed to conduct the following public sales:

Under penalty of permanent removal from the list of the Court of Appeal, a sworn goods broker commissioned to carry out a public sale or who has been asked to estimate the value of goods deposited in a general shop may not acquire on his own behalf the goods whose sale or estimation has been entrusted to him.

Brokerage fees for public sales and the amount of fees payable to a sworn goods broker for the valuation of goods deposited in a general shop are set in accordance with the conditions laid down by order of the Minister for Trade. However, in the case of judicial or forced public auction sales, the remuneration of sworn goods brokers is set by applying the tariff of judicial auctioneers.