Key Benefits:
Publics concerned: real estate agents, trustees, real estate managers, list merchants.
Purpose: Establish a roster of professional card holders required to carry out certain commercial property and funds activities.
Entry into force: the text comes into force on July 1, 2015.
Notice: This decree defines the file of persons holding the professional card that CCI-France is responsible for establishing. It specifies the information that will appear on the publicly available file. CCI-France will proceed to the formality required by the law of 6 January 1978.
Orders of the Minister responsible for the economy specify the model (CERFA documents) of the information that must be provided to territorial or departmental chambers of commerce and industry at the request of a professional card.
References: this decree is taken for the application of the Act No. 70-9 of 2 January 1970, modified by Act No. 2014-366 of 24 March 2014, and Decree No. 72-678 of 20 July 1972 amended. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu la Act No. 70-9 of 2 January 1970 Amending the conditions for the operation of certain transactions relating to real property and trade funds, including Article 3;
Vu la Act No. 78-17 of 6 January 1978 related to computing, files and freedoms;
Vu la Act No. 2014-366 of 24 March 2014 for access to housing and renovated urban planning, including its article 24;
Vu le Decree No. 72-678 of 20 July 1972 Amending the conditions of application of the Act No. 70-9 of 2 January 1970 regulating the operating conditions of certain transactions relating to buildings and trade funds;
Considering the advice of the National Council for Real Estate Transaction and Management dated 17 January 2015,
Decrete:
CCI-France implements the file of persons holding the professional card provided for in theArticle 3 of the Act of 2 January 1970 referred to above. This file is automated.
For each professional card holder, the following personal data and information are recorded:
1° When the licensee is a natural person:
- its identity, date and place of birth and nationality;
2° When the licensee is a corporation:
(a) With regard to its legal or statutory representatives:
- their identity, date and place of birth and nationality;
(b) With regard to the legal person:
- its name, its social form and address of its seat;
3° In all cases:
(a) The identity of the president of the Chamber of Commerce and Territorial or Departmental Industry who issued the card;
(b) The number and end date of validity of the professional card;
(c) The unique company identification number;
(d) If used, the trade name and the sign;
(e) With regard to persons authorized under the conditions provided for in theArticle 4 of the Act of 2 January 1970 referred to above and persons in charge of secondary institutions, branches, agencies or offices:
- their identity, date and place of birth, nationality and quality;
(f) The address of secondary schools, branches, agencies or offices;
(g) Number of receipt of prior declaration of activity issued pursuant toarticle 8 of the decree of 20 July 1972 referred to above ;
(h) Any administrative sanctions, including temporary or final bans issued by the transaction and real estate management control board under the terms of the transaction and real estate managementArticle 13-8 of the Act of 2 January 1970 referred to above ;
(i) As well as the following information:
- the activities carried out, as provided for in theArticle 1 of the Act of 2 January 1970 referred to above ;
- the name of the Chamber of Commerce and Territorial or Departmental Industry that issued the card;
- the name and address of the guarantor and the amount of the guarantee;
- the name and address of the credit institution or the funding corporation in which the account referred to in thearticle 55 of the decree of 20 July 1972 referred to above and number of this account;
- where appropriate, mention of non-detention of funds;
- the name and address of the civil and professional liability insurer.
CCI-France maintains the update of the list of natural and legal persons carrying out the activities envisaged in theArticle 1 of the Act of 2 January 1970 referred to above, taking into account the changes mentioned inarticle 6 of the decree of 20 July 1972 referred to above. The local business and industry chambers and departmental business and industry chambers contribute to the update of this file.
For the purposes of judicial police investigations, judicial information or the exercise of public action, officials of competition, consumption and punishment of fraud, as well as judges, may obtain, at their request, data and information on the treatment.
CCI-France implements a public website that provides free and free access to the personal data and information contained in the file, with the exception of those relating to the date and place of birth, the nationality of the persons referred to in Article 2 and the temporary or final ban decisions.
The rights of access and rectification provided for in the articles 39 and 40 the law of 6 January 1978 referred to above shall be exercised with the Chamber of Commerce and Territorial Industry or the Chamber of Commerce and Departmental Industry concerned.
The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above does not apply to the treatment provided for in sections 1 and 6 of this Order.
Where the natural or legal person no longer meets the conditions for carrying out the activities provided for in theArticle 1 of the Act of 2 January 1970 referred to above, the data and information relating to this person is deleted. The deletion of the file is notified to the person radiated by any means to obtain an acknowledgement of receipt.
When the conditions of detention of the receipt of a prior declaration of activity provided for by thearticle 8 of the decree of 20 July 1972 referred to above and those of the certificate of authorization provided for in Article 9 of the same decree are no longer collected, the data and information relating to their holders are deleted. The radiation is notified to the person who holds the professional card by any means to obtain an acknowledgement of receipt.
Information on persons who no longer have transaction, trustee, real estate management or list merchant activities is retained for a period of one year.
The Minister of Economy, Industry and Digital Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on June 19, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
