Key Benefits:
Publics concerned: persons subject to an advertisement in the trade and corporate register and Registry of the Nouméa Court of Appeal.
Purpose: graft fees related to the maintenance of the trade register and companies.
Entry into force: immediate.
Notice: This decree aims to put an end to certain difficulties encountered in the maintenance of the Nouméa trade register and companies by funding the improvement and modernization of the registry of the Joint Commercial Court through the collection of royalties for the diligence performed in the maintenance of the register.
Amendments are made to the Code of the Judicial Organization to provide the Registry of the Court of First Instance in Nouméa, which is responsible for the holding of the registry of the Joint Commercial Court, and for the establishment of an advance board and a revenue board with that Registry.
References: the texts introduced and amended by this decree are available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms, and the Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
Having regard to the amended Organic Law No. 2001-692 of 1 August 2001 on Financial Laws, including Articles 4 and 17;
Vu le Trade code ;
Considering the code of the judicial organization;
Considering the opinion of the Government of New Caledonia of 3 December 2010;
Having regard to the advice of the Legal Services Technical Committee of 22 October 2010;
The State Council (inland section) heard,
Decrete:
In chapter VII of Title III of Book IX of the Commercial Code, an article R. 937-10 was added to read as follows:
"Art. R. 937-10. - The acts listed in tables 2 to 6 of Schedule 7-5 of Book VII give rise to the collection of a fee for service rendered by the Revenue Authority established with the Registry of the Court of First Instance of Nouméa at the rates and conditions defined in these tables and by articles R. 743-140 to R. 743-157. »
The code of the judicial organization is amended as follows:
1° In R. 561-1, the words ", R. 123-20 to R. 123-25" are deleted;
2° The 3rd of Article R. 561-2 is deleted;
3° Sections R. 563-1 to R. 563-4 are replaced by the following:
"Art. R. 563-1. - The Court of Appeal and the Court of First Instance have, each, a Registry composed of clean staff.
"The Registry is part of the jurisdiction to which it depends.
"Art. R. 563-2. - The office of Registrar of the Labour Court, the Joint Court of Commerce and the Children ' s Court shall be performed by the Registrar of the Court of First Instance or a Registrar of the Court of First Instance.
"Art. R. 563-3. - Depending on the needs of the service, the registry officers may be delegated to another jurisdiction within the jurisdiction of the Court of Appeal.
"This delegation is pronounced by a decision of the first president of the Court of Appeal and the Attorney General near this court. It cannot exceed six months. Court leaders can renew it once. At the end of this period, the guard of the seals may renew the delegation or assign it a longer period.
"Delegated officers in another jurisdiction shall receive compensation in the same conditions as those in their category and at the same rates.
"Art. R. 563-4. - The first president of the Court of Appeal and the Attorney General close to the Court, following the advice of the Registrar of the Court of Appeal, as well as the President of the Court of First Instance and the Attorney General of the Republic, after the opinion of the Registrar of the Court of First Instance, decide on the distribution of the staff performing the office of the office of the Office of the Prosecutor. »
The Guard of Seals, Minister of Justice and Freedoms, Minister of the Interior, Overseas, Territorial Authorities and Immigration, Minister of Budget, Public Accounts, Public Service and State Reform, Spokesperson of the Government, and the Minister to the Minister of the Interior, Overseas, Territorial Authorities and Immigration, responsible for the publication of the decree,
Done on 25 May 2011.
François Fillon
By the Prime Minister:
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
