Subsection 2: Maintenance of the register and effects of registration.

The trade and companies register is kept by the registrar of each commercial court, under the supervision of the president or a judge appointed for this purpose, who have jurisdiction over any disputes between the taxable person and the registrar.

The registration of a natural person carries with it a presumption of merchant status. However, this presumption is not enforceable against third parties and administrations that provide proof to the contrary. Third parties and public authorities are not entitled to rely on the presumption if they knew that the registered person was not a trader.

A person subject to registration who has not applied for registration by the end of a period of fifteen days from the commencement of his activity may not, until he is registered, rely on the status of trader with regard to third parties or public administrations. However, it may not invoke its failure to be entered in the register to evade the responsibilities and obligations inherent in that status. Without…

A person subject to registration may not, in the course of his business, invoke against third parties or public administrations, who may, however, invoke them, the facts and acts subject to mention unless the latter have been published in the register. In addition, a person subject to a deposit of acts or documents appended to the register may not invoke them against third parties or administrations, unless the corresponding formality…