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Section 4: Partial access to the activities of voluntary sale of movable property by public auction by nationals of Member States of the European Union and States party to the Agreement on the European Economic Area

Article R321-68 of the French Commercial code

The application for partial access to the activities of voluntary sale of furniture by public auction provided for in article L. 321-28-1, shall be sent to the Conseil des maisons de vente by teleprocedure on its website. This request must be accompanied by the following documents: 1° A request from the interested party for partial access to the activities of voluntary sale of furniture by public auction. This must specify…

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Article R321-69 of the French Commercial code

The Conseil des maisons de vente will issue a reasoned decision at the latest within three months of the presentation of the complete file by the interested party. The decision is notified by any means that confers a date of receipt. The notification shall indicate the time limit and procedures for appealing against the decision. The Board’s decision may be appealed. The Council’s decision may be appealed under the conditions…

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Article R321-70 of the French Commercial code

The programme and procedures for the aptitude test are laid down by order of the Minister of Justice, after consulting the Conseil des maisons de vente. The Conseil des maisons de vente organises the aptitude test within a maximum period of six months from the date of the decision requiring the applicant to take the test. The Conseil des Maisons de Vente organises the aptitude test within a maximum period…

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Article R321-71 of the French Commercial code

The Conseil des maisons de vente withdraws the authorisation for partial access to the activities of voluntary sale of furniture by public auction by reasoned decision: 1° In the event of failure to comply with 2° of I of Article L. 321-4 or for another reason based on a breach of public order; 2° In the event of permanent deprivation in the home Member State of the right to exercise…

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Article R321-72 of the French Commercial code

Where justified by the urgency of the situation, the Conseil des maisons de vente may, by reasoned decision, temporarily suspend the authorisation for partial access to the activities of voluntary sale of furniture by public auction for the reasons mentioned in article R. 321-71. The decision to suspend shall be notified to the interested party by any means that confers a date certain upon its receipt. The decision to suspend…

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Article R321-73 of the French Commercial code

The decisions referred to in articles R. 321-71 and R. 321-72 may only be taken after the interested party has been given sufficient time to examine his file and to submit written observations. In the event of withdrawal or temporary suspension of the authorisation for partial access to the activities of voluntary sale of furniture by public auction, the Conseil des maisons de vente shall notify the competent authority of…

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