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Article R742-18 of the French Commercial code

Commercial court clerks may be appointed by order of the Garde des Sceaux, Minister of Justice: 1° Persons registered on the aptitude list provided for in Article R. 742-16 ; 2° Persons who, having passed the competitive examination and validated the training period under the conditions provided for in Article R. 742-15-1 or benefiting from an exemption from the training period, are to be entered on the list of suitable…

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Article R742-19 of the French Commercial code

The creation of a commercial court clerk’s office is advertised by order of the Minister of Justice, Minister of Justice, indicating the amount of the compensation and setting the deadline for submitting applications for the office. The deadline for candidates to submit their applications may not be less than thirty days from publication of the order in the Journal officiel de la République française.

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Article R742-21 of the French Commercial code

Each application must be sent to the Minister for Justice by tele-procedure on the website of the Ministry of Justice. The application must be accompanied by an undertaking to pay the compensation set jointly by the Minister for Justice and the Minister for the Budget. Where the candidate is required to take out a loan, the application must be accompanied by information enabling the candidate’s financial resources to be assessed…

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Article R742-22 of the French Commercial code

When selecting a successful candidate for the competition provided for in article R. 742-6-1, the Minister for Justice, the Keeper of the Seals, shall appoint, from among the candidates from the same promotion, where applicable, the highest-ranked candidate. When selecting a company made up in whole or in part of successful candidates from the competition provided for in article R. 742-6-1, the Keeper of the Seals, Minister of Justice, shall…

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Article R742-23 of the French Commercial code

In the absence of candidates, the Minister of Justice may, in accordance with the conditions set out in Article R. 742-19, open a new deadline for the submission of applications. These are presented and examined in accordance with the provisions of article R. 742-21. These provisions also apply if the Keeper of the Seals, Minister of Justice, does not select any of the candidates. Where the appointed candidate is declared…

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Article R742-24 of the French Commercial code

When an office of clerk of the commercial court cannot be filled by exercising the right of presentation, that office shall be declared vacant by decision of the Minister of Justice, and shall be filled under the conditions provided for in Articles R. 742-19 to R. 742-23. The application must be accompanied by an undertaking to pay the compensation set by the Minister of Justice. Where the applicant is required…

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Article R742-25 of the French Commercial code

The clerk of a commercial court that has been abolished is appointed clerk of a commercial court that has been created without it being necessary to resort to the procedure provided for in articles R. 742-19 to R. 742-23, in the following cases: 1° Where the commercial court created has the same jurisdiction as the court abolished, the change affecting only the commune with the court’s seat; 2° Where the…

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Article R742-27 of the French Commercial code

There is no need to wait for the expiry of the period provided for in the first paragraph of article R. 743-169 when compensation is due, pursuant to the provisions of articles R. 743-169 and R. 743-176, following the merger of two or more commercial courts.

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Article R742-27-1 of the French Commercial code

The commercial court clerk who wishes to exercise his right of presentation shall inform the Minister for Justice, the Keeper of the Seals, by teleprocedure on the website of the Ministry of Justice, of this plan and of the amount of compensation requested in this respect, which corresponds to the value of the office. Unless the compensation requested appears to be manifestly excessive, an order of the Minister of Justice…

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