I.-It is punishable by two years’ imprisonment and a fine of 375,000 euros to carry out or cause to be carried out one or more voluntary sales of furniture by public auction: 1° If the operator organising the sale has not made the prior declaration provided for in Article L. 321-4 or is subject to a temporary or permanent ban on carrying out the activity of voluntary sales of furniture…
The operators of voluntary sales of furniture by public auction mentioned in Article L. 321-4 and the public or ministerial officers competent to carry out judicial and voluntary sales, as well as the experts who assist them in the description, presentation and valuation of goods, incur liability during or on the occasion of auctions and sales of furniture by public auction, in accordance with the rules applicable to such sales….
A regulatory authority known as the “Conseil des maisons de vente” is hereby established. The Conseil des maisons de vente, a public utility establishment with legal personality, is responsible for: 1° Observing the economy of the public auction sector; 2° Determining and disseminating good professional practices and formulating recommendations with regard to voluntary sales of furniture by public auction; 3° Supporting and promoting the quality and safety of voluntary sales…
The Conseil des maisons de vente is financed by the payment of professional fees paid by the persons mentioned in I and II of article L. 321-4 and based on the amount of gross fees received during the previous year for sales organised or carried out on national territory. The amount of these contributions is set every three years by order of the Minister of Justice, after consulting the Conseil…
The Conseil des maisons de vente shall inform the Chambre nationale des commissaires de justice, the Conseil supérieur du notariat and the Conseil national des courtiers de marchandises assermentés of the facts committed which have been brought to its attention and which infringe the regulations governing voluntary sales of furniture by public auction. The Chambre nationale des commissaires de justice, the Conseil supérieur du notariat and the Conseil national des…
I.-The college of the Conseil des maisons de vente comprises: 1° Six representatives, elected in accordance with procedures laid down by decree by the Conseil d’Etat, from among the persons mentioned in I or 3° of II of article L. 321-4, including : a) Three leading figures practising in the Ile-de-France region; b) Three leading figures practising outside the Ile-de-France region; 2° Two leading figures appointed by the Minister of…
The decisions of the Conseil des maisons de vente may be appealed to the Paris Court of Appeal.
The Conseil des maisons de vente comprises a Sanctions Committee made up of three members, appointed for a term of four years by the Minister of Justice: 1° A member of the Conseil d’Etat, active or honorary, appointed on the proposal of the vice-president of the Conseil d’Etat; 3° A person who has ceased practising the activity of voluntary sale by public auction within the last five years. Alternate members…
A magistrate from the judiciary is appointed to perform the duties of Government Commissioner to the Conseil des maisons de vente. The Government commissioner is assisted by a person who has not been involved in voluntary sales by public auction for less than five years. The Government Commissioner investigates claims made against the persons mentioned in articles L. 321-4 and L. 321-24. It may propose an amicable solution to disputes…
I.-Any breach of the laws, regulations or professional obligations applicable to the persons mentioned in I and II of article L. 321-4 and to persons authorised to manage sales pursuant to the first paragraph of article L. 321-9. The limitation period is three years from the date of the breach. However, if the person concerned is the perpetrator of acts that have given rise to a criminal conviction, the action…
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is a Registered Trademark of
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75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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