| Présentation du CNG Présentation du bureau Rôle et statut du greffier English version |
English versionThe National Council of Business Registrars and Commercial Courts ( Conseil National des Greffiers des Tribunaux de Commerce - C.N.G ) represents all members of the profession of Court and Trade Registrars ( Greffiers des Tribunaux de Commerce ) in transactions with public authorities and the government. Court and Trade Registrars (‘Registrars') hold an integral position in the French Commercial Court . Registrars maintain the Business Registries (“economic function”) and fulfil a judicial function as well. There are 241 Registrars for 185 Commercial Courts with the potential for one person to be the Registrar for several Commercial Courts within the jurisdiction of one " Cour d'Appel " (Court of Appeal). Mission of the National Council of Business Registrars and Commercial Courts:
The National Council of Business Registrars and Commercial Courts is governed by the article R 821-13 of the Code de l'Organisation Judiciaire.
Composition of the National Council of Business Registrars and Commercial Courts:
For each geographic area designated by the Court of Appeal, Registrars elect a representative to be a member for the National Council. The National Council is constituted by 25 elected members, each member is elected for a 4-year term, which may be renewed once. Once the Registrars are elected to the Council, the members of the Council then elect from their number a 7 member Executive Committee as follows:
Composition of National Council of Business Registrars and Commercial Courts
Appointments to the Council and the Executive Committee are governed by the Composition of National Council of Business Registrars and Commercial Courts
Executive Committee:
National Council (local delegates)
The National Council of Business Registrars and Commercial Courts is governed by the article R 821-13 of the Code de l'Organisation Judiciaire
Function of the Court and Trade Registrar
The Registrars assist the Court in hearings and in all legal cases. By sealing Court's orders Registrars authenticate and enforce the judge's decision. The Registrar also maintains the registry of French companies within the jurisdiction of one " cour d'appel ". As a public officer, Registrars are appointed by the Ministry of Justice. Registrars may operate either on an individual basis or as member of a company. Registrars ( Greffier du Tribunal de Commerce ) are public officers endowed with public authority ( officier public et ministeriel ) pursuant to Article L741-7 of Code de Commerce. Registrars undertake their duties under the authority, and supervision, of the Ministry of Justice as prescribed by regulation. This includes State oversight of the conditions of access to, and exercise of, the profession of Registrar. As a « officier ministériel » , the Registrar validates magistrates' decisions and private agreements. The Registrar's role includes the counselling and drafting private agreements. As a « officier public » , the Registrar is a delegate of the public authority (the State, and public bodies) and on its behalf authenticates and seal acts. Registrars have two different functions: one judicial and one economic. Judiciary Function :
In fulfilling this function a Registrar:
Economic Mission:
In fulfilling this function a Registrar: • Collects information regarding sole traders and companies by receiving, reviewing, authenticating, registering and archiving documents as prescribed by regulation. (For example company balance sheet, debts, leasing and good will mortgages, and documents regarding receiverships and court-supervised turnaround procedures). • Makes publicly available information regarding the “financial and economic photography of the company's ID by means of an up-to-date registry (For example the information available includes - certificate KBis and K, indebtness and companies' proceedings.) This information is available by means of modern, high-performance communication systems (information technology and telematics), which allow to rapid distribution of the information held in the registry. Please visit the Infogreffe website for information regarding the Registrars' legal information and procedures . (English version available).
Useful Links (English version available) :
http://www.legifrance.gouv.fr/
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