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Article R321-36-5 of the French Commercial code

The Conseil des maisons de vente is responsible for organising the electoral operations and counting the votes. Voting takes place electronically. Electronic voting is organised in compliance with the fundamental principles governing electoral operations, in particular the sincerity of the ballot, access to the vote for all voters, the personal and free nature and integrity of the votes cast, effective monitoring of the ballot and a posteriori control by the…

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Article R321-36-6 of the French Commercial code

Voting by electronic means is supervised by a polling station consisting of the chairman of the Enforcement Committee referred to in article L. 321-23 and two members appointed by the chairman of the Conseil des maisons de vente from among the professionals in each of the constituencies referred to in article R. 321-36-2. These members are not candidates. The chairman of the Enforcement Committee chairs the polling station. .

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Article R321-36-7 of the French Commercial code

The Chairman of the Conseil des maisons de vente sets the date and times for the opening and closing of the ballot. He shall make this information public at least two months before the date of the ballot on the website of the Conseil des maisons de vente. At least fifteen days before the date of the ballot, it informs each voter of the practical arrangements for voting and sends…

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Article R321-36-8 of the French Commercial code

Voters cast their votes electronically. At the close of the ballot, the votes are counted and a report is drawn up, dated and signed by the members of the polling station. It is sent to the public prosecutor at the Paris Court of Appeal and made public on the Conseil des maisons de vente website.

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Article R321-36-9 of the French Commercial code

Any elector may lodge a complaint against the elections with the Paris Court of Appeal within five days of the announcement of the results. The appeal shall be sent by any means that confers a certain date of receipt to the clerk’s office of the court of appeal. The appeal may also be lodged by the Government Commissioner referred to in article R. 321-40. The appeal is heard and judged…

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Article R321-36-10 of the French Commercial code

The Conseil des Maisons de Vente meets when convened by its Chairman. The meeting is convened by right when the Government Commissioner or four members of the Council request it. The agenda is set by the Chairman. The Government Commissioner or four members of the Board may ask that any matter falling within the Board’s remit be included on the agenda. The agenda is set by the Chairman.

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Article R321-37 of the French Commercial code

The Conseil des maisons de vente may only validly deliberate if at least six members are present. When the quorum is not reached on a given agenda, the council validly deliberates regardless of the number of its members after a new convocation covering the same agenda and specifying that no quorum is required.

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Article R321-38 of the French Commercial code

The Conseil des Maisons de Vente draws up its own internal regulations, which set out the conditions under which it operates and the organisation of its departments. These rules also define the conditions under which the Council may appoint some of its members to conduct the hearings and interviews provided for in article R. 321-29. The Council’s rules of procedure are communicated to the Minister for Justice.

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Article R321-39 of the French Commercial code

If a member of the Conseil des maisons de vente, a qualified person appointed or a representative of the profession elected, is unable to attend or resigns, he or she is replaced by his or her alternate from the date on which the inability to attend or the resignation is notified. In the event of a vacancy in the seat of an appointed member and his alternate, they shall be…

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Article R321-40 of the French Commercial code

The Government Commissioner referred to in Article L. 321-23-1 is appointed by order of the Minister of Justice. He participates in the meetings of the Board in an advisory capacity, subject to the specific provisions laid down in disciplinary matters in the second paragraph of Article R. 321-48. It shall exercise its powers in disciplinary matters under the conditions set out in Articles R. 321-45 to R. 321-45-3 and R….

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