Subsection 1: Formation of the company

Natural or legal persons practising as commercial court clerks may not hold, either directly or indirectly, shares or corporate units in a société de participation financière de profession libérale d’administrateur judiciaire or in a société de participation financière de profession libérale de mandataire judiciaire.

The formation of the company is the subject of a declaration sent by registered letter with acknowledgement of receipt by a joint representative appointed by the partners to the competent national registration and disciplinary commission. A copy of the company’s Articles of Association is attached to the declaration, which includes a list of the partners, with an indication of their profession or status, as applicable, followed, for each, by an…

The secretary of the competent national registration and disciplinary commission sends a copy of the declaration and the articles of association to the public prosecutor at the court of appeal within whose jurisdiction the company has its registered office. He draws up the list of sociétés de participations financières de professions libérales d’administrateurs judiciaires ou de mandataires judiciaires, the conditions for keeping and updating which are set by order of…

Registration of the company in the Trade and Companies Register is governed by articles R. 123-31 et seq, subject to the provisions below. A copy of the declaration mentioned in article R. 814-160 is sent by the partners’ representative to the clerk of the court where the application for registration in the trade and companies register was filed; on receipt of this document, the clerk of the court registers the…