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Section 2: The decision or opinion of the departmental committee.

Article R752-4 of the French Commercial code

The application for authorisation to operate a business shall be submitted: a) Either by the owner or owners of the land or buildings, by any person proving title from the owner or owners entitling him to carry out the work or by the agent of one of these persons; b) Or by a person entitled to benefit from expropriation for reasons of public utility; In cases where a building permit…

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Article R752-5 of the French Commercial code

The application for authorisation to operate a business specifies the capacity in which the applicant is acting and the nature of the project. An order of the minister responsible for trade sets out the model for the application for authorisation to operate a business or the file attached to the application for planning permission equivalent to authorisation to operate a business.

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Article R752-6 of the French Commercial code

I.-The application shall be accompanied by a file containing the information listed below and, in an appendix, the impact analysis defined in III of Article L. 752-6. 1° Information relating to the project: a) For projects to create a retail shop: the sales area and the sector of activity; b) For projects to create a commercial complex: – the overall sales area; – the sales area and sector of activity…

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Article R752-6-1 of the French Commercial code

I.-The authorisation provided for in III of Article L. 752-6 is granted to any legal entity meeting the following conditions: 1° Neither it nor any of its legal representatives or employees have been convicted by a French or foreign court of a criminal offence involving corruption or influence peddling, embezzlement, fraud or extortion within the meaning of the penal code; 2° Provide evidence of the resources and tools used to…

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Article R752-6-2 of the French Commercial code

I.-The application form for authorisation can be obtained from the prefecture or on the prefecture websites. Its content conforms to a model laid down by order of the Minister for the Economy. I.-The application form must be submitted, dated and signed, by the legal representative of the applicant organisation. It must be submitted, dated and signed, by the legal representative of the applicant organisation and accompanied by documents proving compliance…

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Article R752-6-3 of the French Commercial code

I.-The authorisation is granted for a period of five years, with no tacit renewal possible. It is valid for the whole of the department. The prefectoral decree authorising an organisation in application of III of article L. 752-6 is published in the prefecture’s registry of administrative acts. It bears an identification number, together with the date of issue of the authorisation, and a reference to the full identity and address…

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Article R752-7 of the French Commercial code

The application shall specify, in addition to the information provided for in Article R. 752-5, the following information: 1° For the natural person applicant(s): surname, first name, address, telephone number and e-mail address; 2° For the legal entity applicant(s): company name, legal form, address, telephone number and e-mail address, as well as the surname, first name, telephone number and e-mail address of their representative; 3° Location, address and surface area…

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Article R752-8 of the French Commercial code

Where the applicant agrees to receive replies from the competent authority at an electronic address, notifications may be made to him by electronic mail. In this case, the applicant is deemed to have received these notifications on the date on which he consults them using the electronic procedure. He shall send an electronic acknowledgement of receipt to the competent authority at the time the document is consulted. In the absence…

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Article R752-9 of the French Commercial code

For projects requiring planning permission, the application accompanied by the file must be submitted in accordance with the provisions of articles R. 423-2 et seq du code de l’urbanisme. The file is sent to the secretariat of the departmental commission under the conditions set out in article R. 423-13-2 of the same code.

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Article R752-10 of the French Commercial code

If the application for authorisation to operate a business within the meaning of articles R. 752-4 to R. 752-6 is complete, the commission secretariat shall inform the mayor. In the absence of any information to the contrary communicated to the mayor by the commission secretariat within fifteen clear days of receipt of the application, the application is deemed to be complete. This period runs from the day on which the…

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