Article R723-5 of the French Commercial code
The elections provided for in the first paragraph of article L. 723-11 take place in the first half of October.
Home | French Legislation Articles | French Commercial code | Regulatory part | BOOK VII: Commercial jurisdictions and the organisation of commerce. | TITLE II: The Commercial Court. | Chapter III: Election of commercial court judges | Section 2: Voting and electoral operations.
The elections provided for in the first paragraph of article L. 723-11 take place in the first half of October.
Applications for the office of judge of a commercial court are declared to the prefect. No person may be a candidate for several commercial courts at the same time. Declarations of candidacy are admissible until 6 p.m. on the twentieth day preceding that of the counting of votes in the first ballot. Declarations must be made in writing and signed by the candidates. They may be individual or collective. Each…
The electoral college is informed, by an order of the prefect issued forty-five days before the date of the counting of the votes for the first ballot, of the date, time and place set for the counting and collation of the votes for the first and second ballots. A copy of this order is sent to each elector. A period of ten working days separates the counting dates for the…
The commission provided for in article L. 723-13 comprises, in addition to its chairman, a judge of the judicial court appointed by the first president of the court of appeal and a civil servant appointed by the prefect. The secretariat of the commission is provided by the clerk of the commercial court.
Envelopes containing postal votes are admitted duty-free.
At least twelve days before the date of counting of the votes for the first ballot, the prefect shall send the electors two electoral envelopes intended, for each ballot, to receive the ballot paper and two envelopes bearing the words “Election of the judges of the commercial court. – Postal vote”, “Jurisdiction:” and “Surname, first names and signature of the voter:”. One of the two envelopes shall also be marked…
Each elector votes using a ballot paper that he or she drafts himself or herself. They may also use one of the printed ballot papers sent by certain candidates following the opinion of the committee provided for in article L. 723-13. This printed ballot paper may be altered by hand. Each voter places only one ballot paper in an envelope. The number of candidates designated by each elector on his…
The prefect draws up a list of voters from whom he has received the envelope in which the votes were cast. The list is closed at 6 p.m. on the eve of the counting of votes in the first ballot. Any envelopes received after this time shall bear a reference to the date and time they were received at the prefecture and shall be retained by the prefect. The list…
The postal vote attendance list is made up of the attendance list provided for in article R. 723-19. Failing this, a copy of the list of voters provided for in this article takes the place of the list of voters. At the close of the ballot, the secretary of the committee provided for in Article L. 723-13 shall write “postal vote” opposite the name of each voter on the voters’…
The members of the committee provided for in article L. 723-13 proceed with the counting of the ballot papers contained in the ballot box. The envelopes used to send the votes and the list of voters who have cast postal votes are attached to the list of voters and kept in accordance with the conditions set out in article R. 723-23.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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