Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Economy, Finance and Industry,
Having regard to the Constitution, including article 38;
Considering the electoral code;
Considering the trade code;
Considering the amended Act of 9 April 1898 on chambers of commerce and industry;
Having regard to Act No. 2000-1207 of 13 December 2000 on orientation for the overseas, including Article 8;
In light of Act No. 2003-591 of 2 July 2003, empowering the Government to simplify the law, including article 19 of the law;
Having regard to Order No. 77-1106 of 26 September 1977, extending and adapting to the Department of Saint-Pierre-et-Miquelon various legislative provisions relating to industrial, agricultural and commercial matters, including Articles 16 and 17;
The Council of State heard;
The Council of Ministers heard,
Order:
Section L. 713-1 of the Commercial Code is replaced by the following provisions:
"Art. L. 713-1. - I. - The members of the Chambers of Commerce and Industry are elected for five years.
"A member of a Chamber of Commerce and Industry or of a Regional Chamber of Commerce and Industry shall not exercise more than three terms of reference as president of that Chamber, regardless of the actual duration of these terms;
“II. - Election of members of the Chambers of Commerce and Industry:
« 1° Personal:
“(a) Traders registered in the trade and corporate register in the exchange of the Chamber of Commerce and Industry, subject to the provisions of Article L. 713-2 for partners in collective name and partners in command;
“(b) Business heads registered in the trade register and registered in the trade and corporate register in the exchange;
"(c) The spouses of the persons listed in a or b above who have declared to the trade register and the companies that they cooperate in the activity of their spouse without any other professional activity;
« 2° Through a representative:
“(a) Commercial companies within the meaning of the second paragraph of Article L. 210-1 of this Code and industrial and commercial public establishments with headquarters in the exchange;
“(b) Under an institution subject to the electoral district of a supplementary registration or a secondary registration, unless it is exempted by the laws and regulations in force, the natural persons referred to in a and b of the 1st and the legal persons referred to in paragraph 2 of this Act, irrespective of the electoral district in which such persons exercise their own right to vote;
"(c) Commercial corporations whose headquarters are located outside the national territory and which have an establishment registered in the trade and corporate register in the exchange. »
Article L. 713-2 of the Commercial Code is replaced by the following provisions:
"III. - Corporations in collective name and limited companies shall designate by express deliberation in accordance with the statutory provisions a single representative for associates and society, without prejudice to the possibility of appointing additional representatives under the I above. »
Section L. 713-3 of the Commercial Code is replaced by the following provisions:
"Art. L. 713-3. - I. - Representatives referred to in sections L. 713-1 and L. 713-2 shall serve in the undertaking either as President and CEO, Director General, President or Director of a Board of Directors, Chairman of the Supervisory Board, Manager, President or member of the Board of Directors or Director of an industrial and commercial public establishment, or, in the absence and for the purpose of representing them as an administrative agent, of the functions
“II. - The electors in their personal capacity referred to in 1° of the II of Article L. 713-1 and the representatives of the natural or legal persons mentioned in 2° of II of the same article shall be nationals of a Member State of the European Community or of a State Party to the Agreement on the European Economic Area.
"They must also take part in the vote:
« 1° Complete the conditions set out in article L. 2 of the electoral code, with the exception of nationality;
« 2° Not having been condemned to any of the penalties, disqualifications or sanctions provided for in Articles L. 5 and L. 6 of the Electoral Code and by Article L. 625-8 of this Code or to a prohibition of commercial activity;
« 3° Not having been sentenced to penalties, penalties or penalties imposed under the laws in force in the Member States of the European Community or in the States parties to the Agreement on the European Economic Area, which, if issued by a French court, would obstruct registration on the electoral list established in accordance with the provisions of the electoral code. »
The second paragraph of Article L. 713-6 of the Commercial Code is as follows:
"The number of seats in a Chamber of Commerce and Industry is from twenty-four to fifty for Chambers of Commerce and Industry with a constituency of less than 30,000 electors, from thirty-eight to seventy for those with a constituency of 30,000 to 100,000 electors and from sixty-four to one hundred for those with a constituency of more than 100,000 electors. »
Section L. 713-10 of the Commercial Code is replaced by the following provisions:
"Art. L. 713-10. - I. - Are eligible to serve as a member of a Chamber of Commerce and Industry, subject to being eighteen years of age and to comply with the requirements set out in II of Article L. 713-3:
« 1° Personal electors referred to in 1° of II of Article L. 713-1 on the electoral list of the respective electoral district and justifying that they have been registered for at least two years in the trade and corporate register;
« 2° The electors registered as a representative, referred to in 2° of II of section L. 713-1 and section L. 713-2, registered on the electoral list of the electoral district and justifying that the company they represent has been active for at least two years.
“II. - Any member of a Chamber of Commerce and Industry who ceases to meet the eligibility requirements set out in I above shall present his resignation to the Prefect. If not, the prefect declares him to be resigned ex officio.
"However, a cessation of activity less than six months does not result in the resignation, except in the cases referred to in 2° and 3° II of Article L. 713-3. »
The last paragraph of Article L. 713-11 of the Commercial Code is as follows:
"The right to vote in elections for members of chambers of commerce and industry is exercised by correspondence or electronically. In the event of use by the same elector under the same quality of the two voting modes, only the vote electronically is considered valid. »
Section L. 713-14 of the Commercial Code is replaced by the following provisions:
"Art. L. 713-14. - I. If a Chamber of Commerce and Industry is dissolved, it shall be renewed within six months.
"However, if this dissolution is pronounced less than a year before a general renewal, it is not renewed.
“II. - When the number of members of a Chamber of Commerce and Industry is reduced to less than half of the initial number, the Prefect observes the situation by order and organizes new elections for all seats within six months.
"However, if this situation is found less than a year before a general renewal, it is not renewed.
"III. - Members elected under this article shall remain in office only for the remainder of the term of office of their predecessors. »
In Article L. 713-15 of the Commercial Code, the words "articles L. 713-1 to L. 713-13" are replaced by the words "articles L. 713-1 to L. 713-14".
By derogation from Article L. 713-4 of the Commercial Code, the terms of office of the consular delegates that expire in 2003 are extended by 31 December 2004.
By derogation from Article L. 713-1 of the Commercial Code, the terms of office of the members of the Chambers of Commerce and Industry that expire in 2003 are extended by 31 December 2004. Mandates expiring in 2006 will expire on 31 December 2004.
The mandates of the members of the Chamber of Agriculture, Commerce, Industry and Trades of Saint-Pierre-et-Miquelon are extended or shortened according to the year of their maturity under the same conditions.
The provisions of this Order other than those of sections 9 and 10 will come into force on January 1, 2004. The provisions of the second paragraph of Article L. 713-1 new shall apply only to the mandates acquired from the elections held in 2004.
The Prime Minister, the Minister of the Interior, Internal Security and Local Freedoms, the Minister of Justice, the Minister of Economy, Finance and Industry, the Minister of Industry and the Secretary of State for Small and Medium Enterprises, Trade, Crafts, Professionals and Consumer Affairs are responsible, each with respect to it, for the application of this ordinance published in the Official Republic of France.
Done in Paris, November 12, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Economy,
finance and industry,
Francis Mer
The Minister of the Interior,
of Internal Security
and local freedoms,
Nicolas Sarkozy
The Seal Guard, Minister of Justice,
Dominica Perben
Minister Delegate to Industry,
Nicole Fontaine
Secretary of State
small and medium-sized enterprises,
trade, crafts,
liberal professions
and consumption,
Renaud Dutreil
