French Business Law - French Legislation

Article R131-1 of the French Commercial code

November 6, 2023

The application for registration on the list of sworn goods brokers is submitted to the public prosecutor at the court of appeal within whose jurisdiction the applicant has his residence or, in the case of a legal entity, his registered office, a branch or an establishment related to his speciality. The application must be accompanied by all relevant details, in particular the professional speciality or specialities for which registration is…

Article R131-2 of the French Commercial code

November 6, 2023

The public prosecutor examines the application for registration. He checks that the applicant meets the required conditions and gathers all information on the merits of the application. He forwards the application to the Conseil national des courtiers de marchandises assermentés for its opinion by registered letter with acknowledgement of receipt. If, forty-five days after the matter has been referred to it, the Council has not sent its opinion to the…

Article R131-3 of the French Commercial code

November 6, 2023

The Court of Appeal decides on the application for registration at the general meeting of sitting magistrates.

Article R131-4 of the French Commercial code

November 6, 2023

Within fifteen days of the candidate’s registration on the list of sworn goods brokers, the candidate is required to take an oath before this court, in the following terms: “I swear that I will loyally carry out my duties with honour and probity and that I will observe in everything the duties they impose on me. “ In the case of a legal entity, the oath is taken by its…

Article R131-5 of the French Commercial code

November 6, 2023

The procedure set out in articles R. 131-1 to R. 131-4 is applicable in the event of the modification or addition of a professional speciality as well as in the event of an application for inclusion on the list of another court of appeal. The Attorney General shall be notified of any substantial change in the data provided at the time of the application for registration.

Article R131-6 of the French Commercial code

November 6, 2023

Honorary membership may be conferred on a sworn broker who has retired by resignation after twenty years of practising the profession. The decision is taken in the forms and according to the procedures provided for by articles R. 131-2 and R. 131-3.

Article R131-7 of the French Commercial code

November 6, 2023

The guarantee provided for in 3° of Article L. 131-15 may only be granted by one of the credit institutions or finance companies authorised for this purpose or one of the institutions or establishments mentioned in Article L. 518-1 of the Monetary and Financial Code, an insurance company or a mutual guarantee company, authorised to give guarantees. The guarantee is the result of a written agreement which, in addition to…

Article R131-8 of the French Commercial code

November 6, 2023

The guarantor or insurer, as the case may be, shall issue the sworn goods broker with a guarantee or insurance certificate specifying the name of the credit institution with which the account provided for in 1° of article L. 131-15 as well as the number of this account, the amount and duration of the guarantee granted and any restrictions placed on it.

Article R131-9 of the French Commercial code

November 6, 2023

The surety bond or insurance, as the case may be, applies only on proof that the claim is certain, liquid and due and that the guaranteed sworn goods broker is in default. The guarantor or insurer may not assert the benefit of discussion against the creditor. For the guarantor, the default of the guaranteed sworn goods broker results from a summons to pay or to make restitution, followed by a…

Article R131-10 of the French Commercial code

November 6, 2023

The amount of the guarantee granted to a sworn goods broker may not be less than the higher of the following two sums: 1° The average monthly sales figure, including taxes and net of fees, achieved by the sworn goods broker during the previous financial year; 2° Half of the maximum amount of funds held by the sworn goods broker on behalf of third parties at any time during the…

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French Commercial code

Article R131-1 of the French Commercial code

Article R131-2 of the French Commercial code

Article R131-3 of the French Commercial code

Article R131-4 of the French Commercial code

Article R131-5 of the French Commercial code

Article R131-6 of the French Commercial code

Article R131-7 of the French Commercial code

Article R131-8 of the French Commercial code

Article R131-9 of the French Commercial code

Article R131-10 of the French Commercial code

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French Commercial code

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Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

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We Solve Legal & Tax Issues in France

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