Section 2: Types of practice

Subject to the application of the provisions of this section, all legislative and regulatory provisions relating to the exercise of the functions of clerk of the commercial court by natural persons and in particular to professional ethics or discipline shall apply to companies holding the office of clerk of the commercial court and to the associate clerks of the commercial court practising within it.

In all the professional acts that he performs and in all his correspondence, the commercial court clerk shall indicate his title as commercial court clerk, his status as a partner of a company holding an office of commercial court clerk and the address of the registered office of that company.

An associate commercial court clerk practising within a company may not practise the profession of commercial court clerk as an individual or as a member of another company, whatever its form.

Each associated commercial court clerk carries out his duties on behalf of the company. He shall devote all his professional activity to the company and shall inform the other associated clerks of that activity. The associated clerk of the commercial court shall exercise on an exclusive basis the profession of clerk of the commercial court as well as all activities related thereto.

The rules concerning the keeping of accounts by the clerks of the commercial court are applicable to the company. All registers and documents shall be opened or drawn up in the name of the company.

Each company governed by this Title is required to take out professional liability insurance.

The company may not be subject to disciplinary proceedings independently of those brought against the partners.

A commercial court clerk who is a partner provisionally suspended from his duties may not engage in any professional activity; he shall retain, for the duration of his suspension, his status as a partner, with all rights and obligations arising therefrom. A decision which pronounces the provisional suspension of one or more partners exercising their duties within the company, but not of all of them, shall not appoint an administrator….