Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms,
Vu le Trade code ;
Having regard to the law of amended 25 ventôse an XI containing organization of the notariat;
Having regard to the amended Act of 28 April 1816 on finances, in particular its section 91, together with the amended order of 26 June 1816, which establishes, for its execution, judicial commissioners;
Vu la Act No. 71-1130 of 31 December 1971 amended to reform certain legal and judicial professions, including articles 3 and 21;
Vu la Act No. 2011-94 of 25 January 2011 reforming representation in appeals courses, including articles 21 and 22;
See?Order No. 45-2590 of 2 November 1945 amended relating to the status of the notariat, together with the Decree No. 45-0117 of 19 December 1945 amended to apply the status of the notariat;
See?Order No. 45-2591 of 2 November 1945 amended relative to the status of confesses, together with the Decree No. 45-0118 of 19 December 1945 amended on the status of confesses;
See?Order No. 45-2592 of 2 November 1945 amended on the status of judicial officers;
See?Order No. 45-2593 of 2 November 1945 amended on the status of judicial commissioners;
Vu le Decree No. 73-541 of 19 June 1973 amended on the professional training of judicial commissioners and conditions of access to this profession;
Vu le Decree No. 73-609 of 5 July 1973 amended on vocational training in notariat and conditions of access to notary functions;
Vu le Decree No. 75-770 of 14 August 1975 amended on the conditions of access to the profession of judicial officer as well as to the terms and conditions of the creations, transfers and deletions of judicial officer offices and of certain ministerial and judicial officers;
Vu le Decree No. 91-1125 of 28 October 1991 amended on conditions of access to the legal profession to the Council of State and the Court of Cassation;
Vu le Decree No. 91-1197 of 27 November 1991 modified organising the legal profession;
The State Council (inland section) heard,
Decrete:
The persons mentioned in first paragraph of section 21 of the Act of 25 January 2011 referred to above can access:
1° To the profession of attorney at the Council of State and the Court of Cassation, being exempted from the conditions of diploma, pre-registration and training provided for in the 2°, 3° and 4° of Article 1 of the decree of 28 October 1991 referred to above, subject to professional practice with a lawyer at the Council of State and the Court of Cassation of six months for the confessed and two years for their collaborators; the confessions are also exempted, for the examination provided for in 5° of the same article, from the trial of eligibility in criminal matters and from the oral admission test on a subject drawn to fate;
2° To the profession of notary without the holder of the titles, certificate of completion or diplomas required to the 5° and 6° of Article 3 of the decree of 5 July 1973 referred to above, subject to a professional practice of six months in a notary office;
3° To the profession of judicial commissioner without the qualifications required to the 3° of Article R. 321-18 of the Commercial Code, not having completed the course provided for in 5° of the same article, nor having undergone the examinations mentioned in 4° of the same article and 2° of Article 2 of the Decree of 19 June 1973 referred to above, subject to a professional practice of six months in a judicial commissioner office, part of which may be carried out, within three months, in a voluntary sales company of public auction furniture;
4° To the profession of Clerk of Commercial Court without the titles or diplomas required to 6° of Article R. 742-1 of the Commercial Code, not having completed the internship and undergoing the aptitude examination, respectively mentioned in the 7th and 8th of the same article, subject to a professional practice of six months in an office of clerk of court of commerce;
5° To the profession of judicial officer without the titles or diplomas required to 5° of Article 1 of the decree of 14 August 1975 referred to above, not having completed the internship and undergoing the aptitude examination respectively mentioned in the 6th and 7th of the same article, subject to a professional practice of six months in a judicial officer's office;
6° To the professions of judicial administrator and judicial agent, without the qualifications or diplomas required to Articles R. 811-7 and R. 812-1 of the Commercial Codenot having undergone the examination of access to the internship referred to in articles L. 811-5 and L. 812-3 of the same code, nor having completed the internship provided for in articles L. 811-5 and L. 812-3, subject to a professional practice of one year with a director or judicial officer, as the case may be; They are also exempted, for the suitability examination referred to in articles L. 811-5 and L. 812-3 of the same code, from legal tests and the test relating to the internship report memory.
Work shall be carried out in accordance with the normal working period and shall be paid in accordance with the laws and regulations, collective agreements, agreements or uses in force for the occupational category concerned.
The performance of the professional practice is attested by a certificate issued by the employer and mentioning the duration of service performed, the nature of the occupied employment and the employer's observations on the conditions under which the employee performed his or her duties.
The board of the order, the national board or the competent national council shall, as appropriate, appoint the professional to whom the persons referred to in the first paragraph of section 21 of the Act of 25 January 2011 referred to above perform the professional practice referred to in Article 1 of this Decree.
The persons mentioned in second paragraph of Article 21 of the Act of 25 January 2011 referred to above can access:
1° To the profession of lawyer in the Council of State and the Court of Cassation without fulfilling the pre-registration requirement provided for in the 3° of Article 1 of the decree of 28 October 1991 referred to above ;
2° To the profession of notary without having undergone the examination of access to the vocational training center of notaries provided for in thearticle 10 of the decree of 5 July 1973 referred to above ;
3° To the profession of judicial commissioner without having undergone the examination of access to the internship provided for in 4° of Article R. 321-18 of the Commercial Code ;
4° To the professions of judicial administrator and judicial agent without having undergone the examination of access to the internship provided for Articles L. 811-5 and L. 812-3 of the Trade Code.
I. ― The persons mentioned in second paragraph of Article 21 of the Act of 25 January 2011 referred to above who justify ten years of professional practice as an oat collaborator or hold a master's degree in law and practice of the appeal or law procedure and practice of the appeal proceedings may be granted a partial exemption from the internship provided for in the appeal proceedingsarticle 3 of the decree of 5 July 1973 referred to above, to Articles R. 321-18 and R. 742-1 of the Commercial Code and to thearticle 1 of the decree of 14 August 1975 referred to abovewithin half its duration.
The exemption is granted by a decision of the Attorney General to the Court of Appeal in the jurisdiction of which their domicile is established, taken after notice, respectively, of the Superior Council of the Notariat, the National Chamber of Commissioners of Justice, the Office of the National Board of Clerks of Trade Courts or the National Chamber of Judicial Officers.
II. ― Persons referred to in the second paragraph of section 21 of the Act may be granted a partial exemption from the internship provided for in the Articles L. 811-5 and L. 812-3 of the Trade Codeby decision of the national commission under articles L. 811-2 and L. 812-2 of the same code, taken after notice of the National Council of Judicial Directors and Judicial Agents.
Ensuring the provision of exemptions second paragraph of section 22 of the Act of 25 January 2011 referred to above employees of oat who justify:
1° Two years of professional practice, if they have a doctorate in law, a degree of in-depth studies or a graduate degree in law or a master's degree in law;
2° Three years of professional practice, if they hold a master's degree in law or a degree recognized as equivalent for access to the legal profession or if they justify the validation of the first sixty credits of a master's degree in law;
3° Four years of professional practice, if they hold a law degree.
The above-mentioned decree of 27 November 1991 is amended:
1° In the first paragraph of Article 51, before the word "for", the words are inserted: " Subject to provisions of Article 23 of Law No. 2011-94 of 25 January 2011 reforming the representation in the appeals courts,"
2° Section 98 is supplemented by a paragraph to read:
« 8° The persons mentioned in theArticle 22 of Act No. 2011-94 of 25 January 2011 reforming representation in the appeals courts. »
By derogation from section 93 of the same decree, the confessions who wish to practise the profession of a lawyer under theArticle 24 of the Act of 25 January 2011 referred to above and those who become lawyers pursuant to section 1 of the Act are deemed to have sworn in according to the formula second paragraph of section 3 of the Act of 31 December 1971 referred to above. This benefit is deemed to have taken place on the date of their swearing-in in any of the oat professions and lawyers.
By derogation from section 96 of the same decree, they are listed on the table on the same date.
The word "old" is inserted before the word: " confessed":
1° At the 6th of Article 97 of the decree of 27 November 1991 referred to above;
2° Au 7° of Article R. 321-21 of the Commercial Code.
After Article 6 of the above-mentioned Decree of 27 November 1991, an article 6-1 is inserted as follows:
"Art. 6-1.-Each two years in the first month of the calendar year, the rodents of the bars of the same court of appeal shall, by a majority, designate that of them, as a sticker in exercise, to represent them to deal with the questions mentioned in the proceedings. last paragraph of section 21 of the Act of 31 December 1971 referred to above. The decision is communicated without delay to the first president of the Court of Appeal and to the Attorney General near the same court.
"In the absence of a designation on the expiry of the period provided for in the preceding paragraph, the bar of the court of large instance located at the seat of the court of appeal or, if not, the court of large instance closest to the court shall make such representation."
The funds, values or effects deposited before January 1, 2012 by a client or third party on a deposit account opened in a bank or the Caisse des dépôts et consignations are transferred by December 31, 2012 to the credit union of the legal regulations established by the bar to which the omitted person has been registered.
Except for application requirements Articles 28 and 29 of the Act of 25 January 2011, the professional documents, records and records held by the former chambers of the admission companies near the appeals courses as well as by the National Chamber of the confessions are transferred to the bar, established near the court of large instance in which the seat of the chamber is located, and to the National Council of Bars.
I. ― Articles 8 to 11 of this Decree come into force on 1 January 2012.
II. ― For the purposes of section 9, the first designation of the sticker to represent the stickers of the same court took place in January 2012.
The security guard, Minister of Justice and Freedoms, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 22 April 2011.
François Fillon
By the Prime Minister:
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
