Call Us + 33 1 84 88 31 00

Article R321-36 of the French Commercial code

The college of the Conseil des maisons de vente is made up of five qualified individuals appointed under the conditions provided for in Article L. 321-21 and six representatives of the profession elected under the conditions defined in this paragraph. The composition of the Conseil des maisons de vente is intended to ensure balanced representation of the distribution between women and men.

Read More »

Article R321-36-1 of the French Commercial code

The natural person operators designated in I of Article L. 321-4 as well as the natural persons who are directors, partners or employees of a legal entity operator and who are authorised to conduct voluntary sales of furniture by public auction are eligible to vote and to stand for election. In all cases, these persons must be up to date with their administrative obligations towards the Conseil des maisons de…

Read More »

Article R321-36-3 of the French Commercial code

Each candidate makes a declaration that includes his surname, forenames and signature, as well as those of his substitute. He shall specify his place of practice in the constituency for which he is standing as a candidate, as well as that of his substitute. No person may appear as a candidate or substitute on more than one nomination paper. Nomination papers shall be delivered to the Chairman of the Conseil…

Read More »

Article R321-36-4 of the French Commercial code

Voters in each constituency elect three pairs, each consisting of a titular representative and his or her substitute. The election is held by secret, single-member, multi-mandate majority ballot. Each elector may vote for a maximum of three different pairs of candidates (full and alternate). Any vote involving more than three pairs of candidates or more than one vote for the same pair of candidates shall be null and void. The…

Read More »

Article R321-36-5 of the French Commercial code

The Conseil des maisons de vente is responsible for organising the electoral operations and counting the votes. Voting takes place electronically. Electronic voting is organised in compliance with the fundamental principles governing electoral operations, in particular the sincerity of the ballot, access to the vote for all voters, the personal and free nature and integrity of the votes cast, effective monitoring of the ballot and a posteriori control by the…

Read More »

Article R321-36-6 of the French Commercial code

Voting by electronic means is supervised by a polling station consisting of the chairman of the Enforcement Committee referred to in article L. 321-23 and two members appointed by the chairman of the Conseil des maisons de vente from among the professionals in each of the constituencies referred to in article R. 321-36-2. These members are not candidates. The chairman of the Enforcement Committee chairs the polling station. .

Read More »

Article R321-36-7 of the French Commercial code

The Chairman of the Conseil des maisons de vente sets the date and times for the opening and closing of the ballot. He shall make this information public at least two months before the date of the ballot on the website of the Conseil des maisons de vente. At least fifteen days before the date of the ballot, it informs each voter of the practical arrangements for voting and sends…

Read More »

Article R321-36-8 of the French Commercial code

Voters cast their votes electronically. At the close of the ballot, the votes are counted and a report is drawn up, dated and signed by the members of the polling station. It is sent to the public prosecutor at the Paris Court of Appeal and made public on the Conseil des maisons de vente website.

Read More »

Article R321-36-9 of the French Commercial code

Any elector may lodge a complaint against the elections with the Paris Court of Appeal within five days of the announcement of the results. The appeal shall be sent by any means that confers a certain date of receipt to the clerk’s office of the court of appeal. The appeal may also be lodged by the Government Commissioner referred to in article R. 321-40. The appeal is heard and judged…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.