As soon as proceedings are initiated, where they concern an establishment whose owner or operator is registered in the Trade and Companies Register, the Public Prosecutor shall send the Registrar of the Commercial Court within whose jurisdiction the establishment is located a request that the information mentioned in Article 706-37.
This requisition, drawn up in duplicate, specifies:
-the identity of the operator of the business: surname and forenames for natural persons or corporate form and name for legal persons;
-the identity of the person being prosecuted if it is not the operator of the business, the nature, basis and date of the proceedings instituted;
-the activity and address of the establishment concerned and, where applicable, its trade name and sign.
As soon as the requisition is received, the particulars are entered by the registrar in the trade and companies register and, where applicable, in the registers on which liens and security interests are recorded. One of the copies of the requisition is kept at the registry as an annex to the trade and companies register, and the other is returned to the public prosecutor after the registrar has made a note certifying that the required formalities have been completed and the date on which they were carried out. The court clerk attaches to this dispatch an updated extract from the trade and companies register and, where applicable, a statement of the securities registered.
The same procedure is followed when the final court decision is made.
In the event of a dismissal or acquittal, the Public Prosecutor shall send the Registrar, in accordance with the procedures defined in the second paragraph, a requisition for the purpose of striking off the entries provided for above. The court clerk shall make the required deletions, attach a copy of the requisition to the register of commerce and companies and send the other copy to the Public Prosecutor’s Office after making a note certifying that the required formalities have been completed and the date on which they were carried out. The Public Prosecutor will attach an updated extract from the Trade and Companies Register and, where applicable, a statement of the security interests registered.