The exercise of his duties as a public official by the salaried commercial court clerk, as well as that of his professional mandates, are suspended from the day of the termination of the employment contract, whatever the cause. During this suspension, he may no longer use the status of public officer or the title of clerk of the commercial court.
For a period of one year, if he is selected in accordance with the provisions of article R. 743-139-5, the interested party may resume, without waiting for the decree provided for in the third paragraph and without any new appointment, the duties of salaried commercial court clerk by filing a simple declaration, by teleprocedure on the website of the Ministry of Justice, accompanied by a copy of his employment contract, with the Minister of Justice. The interested party sends a copy of this declaration to the Conseil national des greffiers des tribunaux de commerce.
The Minister for Justice may, within a period of one month, oppose, by reasoned decision, the effect of this declaration. If there is no opposition, the Minister for Justice will issue a decree stating that the salaried commercial court clerk has resumed his duties. The order shall mention the name or company name of the holder of the office within which these duties are now carried out.
The salaried court clerk who resumes duties must take the oath provided for in Article R. 742-31.