I.-The provisions of Title II of Book V of Part One mentioned in the left-hand column of the table below, insofar as they apply to communes and their groupings, are applicable to semi-public companies created by the communes of French Polynesia as well as their groupings in the wording indicated in the right-hand column of the same table, subject to the adaptations provided for in II to XII.
APPLICABLE PROVISIONS | IN THE VERSIONS RESULTING FROM |
---|---|
L. 1521-1 | law no. 2004-806 of 9 August 2004 |
L. 1522-1 | law no. 2022-217 of 21 February 2022 |
L. 1522-2 to L. 1522-5 | Order no. 2003-1212 of 18 December 2003 |
L. 1523-1 | law no. 96-142 of 21 February 1996 |
L. 1523-4 | law no. 2005-809 of 20 July 2005 |
L. 1523-5, with the exception of its seventh paragraph | Order no. 2009-1530 of 10 December 2009 |
L. 1523-6 | law no. 2000-1208 of 13 December 2000 |
L. 1523-7 | law no. 2002-1 of 2 January 2002 |
L. 1524-1 | law no. 2022-217 of 21 February 2022 |
L. 1524-2 | law no. 2004-806 of 9 August 2004 |
L. 1524-3 and L. 1524-4 | law no. 96-142 of 21 February 1996 |
L. 1524-5 | law no. 2022-217 of 21 February 2022 |
L. 1524-5-1 to L. 1524-5-3 | law no. 2022-217 of 21 February 2022 |
L. 1524-6 | law no. 2002-1 of 2 January 2002 |
L. 1524-7 | law no. 96-142 of 21 February 1996 |
L. 1525-3,3° | law no. 2000-1208 of 13 December 2000 |
II. – For the application of Article L. 1521-1:
1° The words: “, départements, regions” are deleted;
2° The last sentence of the first paragraph is deleted.
III.-.For the application of Article L. 1522-1:
1° In the first paragraph, the words: “, departments, regions” are deleted;
2° In 1°, the words: “Book II of the Commercial Code, subject to the provisions of this Title” are replaced by the words: “the locally applicable Commercial Code”.
IV. – For the application of Article L. 1522-3, the words: “of Article L. 224-2 of the Commercial Code” are replaced by the words: “of the locally applicable Commercial Code”.
V. – For the application of article L. 1523-4:
1° In the first paragraph, the words: “concessions awarded on the basis of article L. 300-4 of the town planning code or public service delegation contracts” are replaced by the words: “contracts provided for on the basis of article L. 2573-20” and the words: “or the concession” are deleted;
2° In the second paragraph, the words: “the concession or the public service delegation contract” are replaced by the words: “the contract”.
VI. – In the sixth paragraph of Article L. 1523-5, the second sentence is not applicable.
VII. – For the application of Article L. 1523-6, the words: “the départements and the communes may alone or jointly,” are replaced by the words: “the communes may”.
VIII. – For the application of Article L. 1524-1:
1° The words: “to the representative of the State in the département where the company’s registered office is located” are replaced by the words: “to the head of the administrative subdivision where the company’s registered office is located or to the High Commissioner of the Republic”;
1° bis In the last sentence of the first paragraph, the words: “L. 235-2 to L. 235-14 du code de commerce” are replaced by the words: “du code de commerce applicable localement”;
2° The words: “l’article L. 1523-2” are replaced by the words “l’article L. 1862-2”;
3° In the second sentence of the last paragraph, the references: “, L. 3131-2, L. 4141-2,” are replaced by the word: “and” and, at the end, the references: “, L. 5421-2 and L. 5721-4” are deleted;
IX. – For the application of Article L. 1524-2:
1° In the first and second sentences of the first paragraph and in the second paragraph, the word “regional” is replaced by the word “territorial”;
2° The last paragraph is deleted.
X. – For the application of Article L. 1524-3, the words: “to the representative of the State in the department” are replaced by the words: “to the head of the administrative subdivision where the company’s registered office is located or to the High Commissioner”.
XI. – For the application of Article L. 1524-5 :
1° References to articles of the Commercial Code are replaced by references to the corresponding provisions applicable locally;
2° In the ninth paragraph, the words: “, departmental or regional within the meaning of articles L. 207, L. 231 and L. 343 of the Electoral Code” are replaced by the words: “or territorial within the meaning of the Electoral Code”;
3° In the twelfth paragraph:
a) The words: “mentioned in Article L. 1411-5” are replaced by the words: “for the award of public service delegations by the territorial authority or grouping”;
b) The words: “Title I of this book” are replaced by the words: “the locally applicable provisions”;
c) The words: “in Articles L. 2252-1, L. 3231-4 or L. 4253-1” are replaced by the words: “in Article L. 2252-1”
XII.-For the application of Article L. 1524-5-1, references to articles of the Commercial Code are replaced by references to the locally applicable Commercial Code.