Article R321-43-2 of the French Commercial code
November 6, 2023
For the application of article L. 321-18, the Conseil des maisons de vente sends an annual economic questionnaire to voluntary sales operators.
For the application of article L. 321-18, the Conseil des maisons de vente sends an annual economic questionnaire to voluntary sales operators.
The Conseil des maisons de vente shall give an account of its activity in an annual report, which shall include an assessment of the application of article L. 321-3 and articles R. 321-10 to R. 321-17, information on the number and nature of decisions made on the basis of article L. 321-23-2, a statistical summary of the different categories of declarations received and decisions taken regarding the recognition of the…
The Government Commissioner is the addressee of complaints concerning the persons mentioned in I and II of article L. 321-4 as well as articles L. 321-24 and L. 321-28-1 and the persons authorised to direct sales. The complaint shall mention: -if it comes from a natural person, their surname, first names and address; -if it comes from a legal entity, its name and registered office. It specifies the surname and…
The Government Commissioner acknowledges receipt of the complaint and indicates that its author will be informed of the action that will be taken. If the Government Commissioner considers that a claim is inadmissible or manifestly ill-founded, he will immediately inform the claimant, indicating that he does not intend to take any further action. If this is not the case, the Government Commissioner will investigate the claim. The Commissioner may obtain…
The Government Commissioner may invite the professional and the person making the complaint to find an amicable solution. The professional and the person submitting the claim who agree to seek an amicable solution must undertake to respect the strictly confidential nature thereof. They may be assisted by a lawyer. The Government Commissioner, with the help of the person referred to in the second paragraph of article L. 321-23-1, proposes an…
Unless the minutes referred to in Article R. 321-45-2 have been signed, the Government Commissioner shall inform the professional concerned and the complainant of the action he has taken on the complaint.
The formal notice issued by the Chairman of the Conseil des Maisons de Vente or, after proceedings have been brought before the Enforcement Committee, by the Chairman of the Enforcement Committee pursuant to the first paragraph of III of article L. 321-23-2, specifies the breach(s) of which the trader is accused. It sets a deadline for the professional to remedy the breach(s). The decision to issue a formal notice informs…
The Chairman of the Conseil des maisons de vente or, after proceedings have been initiated before the Enforcement Committee, the Chairman of the Enforcement Committee who is considering imposing or extending a suspension measure pursuant to the second paragraph of III of article L. 321-23-2, shall summon the interested party by any means that confers a date certain. The summons shall state the grounds on which the professional is accused….
The chairman of the Conseil des maisons de vente or the chairman of the Enforcement Committee shall inform the Conseil des maisons de vente or the Enforcement Committee, as the case may be, without delay and by any means, of the measures taken pursuant to the first and second paragraphs of III of Article L. 321-23-2.
The chairman, full members and alternate members of the Enforcement Committee are appointed by order of the Minister of Justice. The offices of member of the Enforcement Committee and member of the college of the Conseil des maisons de vente are incompatible.
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182, rue de Rivoli
75001, Paris France
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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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