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Article R321-41 of the French Commercial code

For the application of the first paragraph of article L. 321-19, operators of voluntary sales of furniture by public auction declare to the Conseil des maisons de vente, each year before 31 March, the gross fees received during the previous year for sales organised on national territory. These declarations shall be accompanied by supporting documents. When an operator of voluntary sales by public auction has been in business for less…

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Article R321-43 of the French Commercial code

The Conseil des maisons de vente adopts its budget, each year, before 31 December, on the proposal of the Chairman. The chairman implements the budget. The Council of auction houses deliberates on the annual budget and its amendments during the year, as well as on the financial accounts and the allocation of results. These deliberations are forwarded to the Keeper of the Seals, Minister of Justice, within fifteen days of…

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Article R321-43-1 of the French Commercial code

An Audit Committee is established within the Council of Sales Houses for the purpose of ensuring the proper implementation of the budget. The Audit Committee shall consist of three members of the Council elected by the Council. On a proposal from the Chairman, the Board appoints the Chairman of the Audit Committee by a majority of its members. The Government Commissioner is notified of Audit Committee meetings. At his request,…

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Article R321-44 of the French Commercial code

The Conseil des maisons de vente shall give an account of its activity in an annual report, which shall include an assessment of the application of article L. 321-3 and articles R. 321-10 to R. 321-17, information on the number and nature of decisions made on the basis of article L. 321-23-2, a statistical summary of the different categories of declarations received and decisions taken regarding the recognition of the…

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Article R321-45 of the French Commercial code

The Government Commissioner is the addressee of complaints concerning the persons mentioned in I and II of article L. 321-4 as well as articles L. 321-24 and L. 321-28-1 and the persons authorised to direct sales. The complaint shall mention: -if it comes from a natural person, their surname, first names and address; -if it comes from a legal entity, its name and registered office. It specifies the surname and…

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Article R321-45-1 of the French Commercial code

The Government Commissioner acknowledges receipt of the complaint and indicates that its author will be informed of the action that will be taken. If the Government Commissioner considers that a claim is inadmissible or manifestly ill-founded, he will immediately inform the claimant, indicating that he does not intend to take any further action. If this is not the case, the Government Commissioner will investigate the claim. The Commissioner may obtain…

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Article R321-45-2 of the French Commercial code

The Government Commissioner may invite the professional and the person making the complaint to find an amicable solution. The professional and the person submitting the claim who agree to seek an amicable solution must undertake to respect the strictly confidential nature thereof. They may be assisted by a lawyer. The Government Commissioner, with the help of the person referred to in the second paragraph of article L. 321-23-1, proposes an…

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