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Article L522-36 of the French Commercial code

A person who has lost a receipt or warrant may request and obtain by order of the judge, by proving his ownership and giving security, a duplicate in the case of the receipt, payment of the secured debt in the case of the warrant. If in this case the subscriber of the warrant has not paid up on the due date, the third party bearer whose endorsement has been transcribed…

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Article L522-37 of the French Commercial code

In the event of loss of the receipt, the security provided for in the preceding article shall be released on expiry of a period of five years, when the goods covered thereby have not been claimed by a third party from the general shop. In the event of loss of the warrant, the security shall be released on expiry of a period of three years, from the transcription of the…

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Article L522-37-1 of the French Commercial code

A warehousing receipt may only be issued in representation of raw materials included on a list drawn up by order of the Minister responsible for the economy and which may be the subject of a contract traded on a financial instruments trading platform. This storage receipt may not be admitted to trading on a multilateral system defined in articles L. 421-1, L. 424-1 or L. 425-1 of the Monetary and…

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Article L522-37-2 of the French Commercial code

The storage receipt takes the form of an entry in a register kept by the manager of the platform mentioned in the first paragraph of Article L. 522-37-1 and under its responsibility. This entry specifies the name, profession and address of the holder of the receipt as well as the nature of the goods deposited and the information needed to establish their identity and determine their replacement value. The transfer…

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Article L522-37-3 of the French Commercial code

Fungible goods represented by a storage receipt may be replaced by goods of the same nature, kind and quality. A storage receipt may be issued representing a batch of fungible goods to be taken from a larger batch. The general shop operator may not use or dispose of goods represented by a storage receipt on his own account, except with the prior agreement of the owner of the goods. The…

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Article L522-37-4 of the French Commercial code

The pledge of goods represented by a warehousing receipt constituted by the holder of this title is established with regard to third parties as well as with regard to the contracting parties by its entry in the register mentioned in the first paragraph of Article L. 522-37-2 under the conditions laid down by decree in the Conseil d’Etat. No security other than the pledge created pursuant to the first paragraph…

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Article L522-38 of the French Commercial code

It is prohibited to open and operate without the authorisation prescribed in Article L. 522-1 an establishment receiving in deposit goods for which are issued to the depositors, under the name of warrants, or any other name, negotiable pledge notes or storage receipts. Any breach of this prohibition is punishable by a fine of 6,000 euros and imprisonment for one year. The court may order that the sentencing judgment be…

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Article L522-39 of the French Commercial code

In the event of an infringement by the operator of a general shop of the provisions of this chapter or of the decrees of the Council of State made for the application of the said provisions, the prefect may, after hearing the operator, pronounce by order, temporarily or definitively, the withdrawal of approval. In this case, the president of the court, ruling on a petition or in summary proceedings, shall…

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Article L526-1 of the French Commercial code

As an exception to articles 2284 and 2285 of the Civil Code, the rights of a natural person registered in the National Register of Companies in the property where his or her main residence is fixed are by law unseizable by creditors whose rights arise in connection with the person’s professional activity. Where part of the main residence is used for business purposes, the part not used for business purposes…

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