The profession of commercial court clerk is represented before the public authorities by a National Council of Commercial Court Clerks, which has legal personality and is responsible for defending its collective interests.
The National Council may, before all courts, exercise all the rights reserved to civil parties in relation to acts that are directly or indirectly prejudicial to the collective interests of the profession.
The methods of election and operation of the National Council are laid down by decree of the Conseil d’Etat.
The National Council sets its budget.
It may provide funding for services of collective interest in areas laid down by decree.
To this end, the National Council calls for a contribution paid annually by each holder of a commercial court clerk’s office. The amount of this contribution results from a progressive scale set by decree after the opinion of the national council, depending on the activity of the office and, where applicable, the number of partners.
The proceeds of this contribution may not exceed a quota determined by the national council, within the limit of 2% of the total income excluding tax recorded by all the offices in respect of the previous year.
If the fee is not paid within one month of a formal notice being served, the National Council will issue the debtor with a document equivalent to a decision within the meaning of 6° of article L. 111-3 of the Code of Civil Enforcement Procedures.
The National Council prepares a code of professional ethics issued by decree in the Conseil d’Etat, setting out the professional principles and duties required for the proper performance of the duties of commercial court registrars. It specifies by means of regulations, approved by order of the Minister of Justice, the professional rules designed to ensure compliance with this code.
The National Council exercises disciplinary action under the conditions provided for by Order no. 2022-544 of 13 April 2022 relating to the ethics and discipline of ministerial officers.
The Conseil national des greffiers des tribunaux de commerce is also responsible for maintaining the file provided for in Article L. 128-1.