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Decree N ° 2006 - 27 June 2006 741 Taken For The Purposes Of Section 114 Of The Customs Code

Original Language Title: Décret n° 2006-741 du 27 juin 2006 pris pour l'application de l'article 114 du code des douanes

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  • ACT No. 2005-1720 of December 30, 2005 Corrective for 2005 (1)
  • Decree No. 2011-1103 of 12 September 2011 concerning the waiver of security for bonded or placed goods Customs suspensory of duties, taxes or
  • Summary

    Application of s. 91 of the Act 2005-1720.

    Keywords

    BUDGET, STATE REFORM, ENTERPRISE, CUSTOMS CODE , ACCOUNTING OBLIGATION, ACCOUNTING DOCUMENT, OPERATOR, RIGHT TO IMPORT, GRANT , CARRY FORWARD, BOND, DEFERRED PAYMENT, TAX ON VALUE ADDED, TVA, BENEFICIARY, CONTROLS, COMPETENT



    JORF No. 149 of June 29, 2006 page 9737
    text No. 8



    Order No. 2006-741 dated June 27, 2006, for the purposes of section 114 of the Customs Code

    NOR: BUDD0630002D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/6/27/BUDD0630002D/jo/texte
    Alias: https://www.legifrance.gouv.fr/eli/decret/2006/6/27/2006-741/jo/texte


    Prime Minister,
    On the report of the Minister of Economy, Finance and Industry and the Minister Delegate to the Budget and State Reform, Government Spokesperson,
    Due to the Customs Code, including: Article 114;
    Due to the trade code;
    Having regard to Decree No. 97-34 of 15 January 1997 concerning the deconcentration of administrative decisions As amended by Decree No. 97-1205 of 19 December 1997;
    Having regard to Decree No. 97-1195 of 24 December 1997 for the application of 2 ° of Article 2 of Decree No. 97-34 of 15 January 1997 concerning the deconcentration of decisions Individual administrative staff reporting to the Minister of Economy, Finance and Industry, as amended by Decree No. 2006-532 of 11 May 2006;
    The Council of State (Finance Section) heard,
    Clipping:

    Item 1
    The accounting requirements referred to in paragraph 1 a of Article 114 of the Customs Code are those relating to:
    1 ° To the deposit of accounting documents relating to the preceding financial year, provided for in Articles L. 232-21 to L. 232-23 of the Commercial Code;
    2 ° A the designation of one or more auditors, provided for in Articles L. 223-35, L. 225-218, L. 226-1 and L. 227-1 of the Commercial Code;
    3 ° To the formalities resulting from the loss of half of the share capital provided for in Articles L. 223-42, L. 225-248, L. 226-1 and L. 227-1 of the Commercial Code.

    Item 2 Learn more about this Article ...


    In order to benefit from the exemption provided for in paragraph 1 bis of Article 114 of the Customs Code, the applicant shall file with the regional customs revenue customs and indirect rights of attachment a declaration Certifying that it meets the requirements for the Exemption.

    Item 3 Learn more about this Article ...


    I. -The Regional Director of Customs and Indirect Rights shall decide on the application and shall notify the applicant accordingly by registered letter with notice of receipt within two months of receipt of the request by the administration
    II. -In Article 6 of the aforementioned decree of 24 December 1997, it is added an 8 ° thus written:
    " 8 ° Decisions concerning requests for exemption under paragraph 1 bis of Article 114 of the Customs Code. "

    Item 4 Learn more about this Article ...


    As soon as it no longer meets any of the conditions required for the exemption, the beneficiary shall inform the regional revenue of customs and indirect rights Attachment.

    Item 5 Learn more about this Article ...


    Where the beneficiary no longer complies with the accounting obligations listed in Article 1 or is the subject of a registration not Of the Treasury or Social Security privilege, the regional receiver shall, by registered letter with notice of receipt, continue to regularize its situation within 30 days of the receipt of the notice of formal notice. In the absence of regularization within this period, the Regional Director of Customs and Indirect Rights shall repeal the exemption. This decision shall be notified to the beneficiary by registered letter with notice of receipt.
    Where the beneficiary is the subject of a procedure for reorganization or liquidation, the right to the exemption shall cease from the date of the Judgment opening the procedure.

    Article 6 Learn more about this Article ...


    The Minister of Economy, Finance and Industry and the Minister for the Budget and State Reform, Government Spokesperson, shall each be responsible for the execution of the This Order, which shall be published in the Official Journal of the French Republic.


    Done at Paris, June 27, 2006.


    Dominique de Villepin


    By the Prime Minister:


    The Minister delegated to the

    budget and state reform,

    Government Spokesperson,

    Jean-François Copé

    The Minister of Economy,

    Finance and Industry,

    Thierry Breton


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