The guarantor or the insurer shall only be liable if it is proven that the claim is certain, liquid and due and that the guaranteed operator has defaulted. The guarantor may not set up the benefit of discussion against the creditor. For the guarantor, the default of the guaranteed operator results from a summons to pay or to return followed by refusal or remaining unfruitful one month after it was…
The amount of the guarantee granted to an operator 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 operator during the previous financial year; 2° Half the maximum amount of funds held by the operator on behalf of third parties at any time during the previous twelve months.
When an operator of voluntary sales of furniture by public auction has been in business for less than one year, the amount of the guarantee may not be less than the average forecast amount of monthly sales, including taxes and net of fees, for the current financial year. This forecast amount shall be declared by the operator to the insurer or surety company.
Any operator of voluntary sales of furniture by public auction shall adjust the amount of cover it has taken out each year. It also revises this amount when particular circumstances are likely to modify the extent of the risk.
Insurance contracts must not provide for an excess payable by the insured of more than 10% of the compensation due, up to a limit of €8,000 per creditor. The excess is not enforceable against the operator’s creditors.
Subject to the provisions of Article R. 321-65, no person may conduct voluntary sales of furniture by public auction unless he meets the following conditions: 1° Be French or a national of a State other than France that is a member of the European Union or a party to the Agreement on the European Economic Area; 2° Not have been convicted of a criminal offence for acts contrary to honour…
Auctioneer’s clerks with proof of at least seven years’ professional practice, persons who have exercised equivalent responsibilities for the same length of time with one or more operators of voluntary sales of furniture by public auction or sworn merchandise brokers, as well as those who have exercised these responsibilities successively with a sworn merchandise broker and with an operator of voluntary sales of furniture by public auction for a total…
In order to be able, pursuant to Article L. 321-2, to manage voluntary sales of furniture by public auction, notaries must first have completed, at their own expense, a sixty-hour training course covering the regulations, practice and ethics of auction sales. This training is organised by the Conseil des maisons de vente after receiving the opinion of the Conseil supérieur du notariat. Assistant notaries are admitted to this training. At…
Those who meet the conditions set out in 1°, 2° and 3° of article R. 321-18 are eligible to sit the examination for admission to the training course mentioned in 4° of that article. .
The possession of the national law degree provided for in 3° of article R. 321-18 :
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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