When the number of full or partner commercial court clerks practising within the office falls below half the number of salaried commercial court clerks, the office holder has a period of one year to comply with the provisions of the first paragraph of l’article L. 743-12-1.
The salaried commercial court clerk is appointed by order of the Minister of Justice. The order specifies the name or company name of the holder of the office within which the salaried clerk performs his duties.
The application shall be submitted jointly by the holder of the office and the candidate for appointment to the duties of salaried commercial court clerk selected under the conditions provided for in Article R. 743-139-5, to the Keeper of the Seals, Minister of Justice, by tele-procedure on the website of the Ministry of Justice. It shall be accompanied by a copy of the employment contract and all necessary supporting documents…
The Minister for Justice shall obtain the reasoned opinion of the board of the National Council of Commercial Court Clerks, in particular on the applicant’s good character, professional abilities and the compliance of the employment contract with the code of ethics and professional rules. If, twenty days after the matter has been referred to it, by any means capable of conferring a date certain, the National Council has not sent…
Within one month of his appointment, the salaried clerk shall take the oath provided for in Article R. 742-31. He may only perform his duties from the day on which he takes his oath. Any salaried registrar who has not taken his oath within one month of the publication of the order provided for in Article R. 743-139-7 is deemed, except in cases of force majeure, to have renounced his…
The President of the Conseil national des greffiers des tribunaux de commerce shall be seised as mediator of any dispute arising from the performance of an employment contract either by application lodged against receipt at the secretariat of the council, or by registered letter with acknowledgement of receipt. The act of referral shall specify, on pain of inadmissibility, the identity of the parties, the subject matter of the dispute and…
The Chairman of the National Council or, if he is absent or unable to attend, the Vice-Chairman shall summon the parties by registered letter with acknowledgement of receipt within fifteen days of the referral and at least eight days before the date of the mediation session. A copy of the referral document shall be attached to the summons of the party that did not initiate the mediation. The summons shall…
The Chairman or Vice-Chairman of the National Council, after hearing the parties concerned and gathering all relevant information, shall propose a solution to the dispute if the parties have been unable to reach an agreement. In the event of an agreement, whether total or partial, this shall be recorded in writing, signed by the parties concerned and the Chairman or Vice-Chairman. The original is kept by the Chairman; a copy…
The exercise of his duties as a public official by the salaried commercial court clerk, as well as that of his professional mandates, are suspended from the day of the termination of the employment contract, whatever the cause. During this suspension, he may no longer use the status of public officer or the title of clerk of the commercial court. For a period of one year, if he is selected…
The retirement of an employed commercial court clerk, the contractual termination of his employment contract or his resignation shall be brought to the attention of the Keeper of the Seals, Minister of Justice, by teleprocedure on the website of the Ministry of Justice, and to the attention of the Conseil national des greffiers des tribunaux de commerce, by the interested party or by the person holding the office within which…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
