Key Benefits:
Prime Minister,
On the report of the seal of the seals, Minister of Justice, and the Minister of Small and Medium Enterprises, Trade, Crafts and Professions Liberal,
In view of Council Regulation No 1346/2000 of 29 May 2000 on insolvency proceedings;
Given the craft code;
In view of the Civil Code, in particular Articles 1316-1 and 1316-4;
Given the code of trade, in particular its Articles L. 123-10, L. 521-1 to L. 521-4 and Chapter VII of Title II of his book Ier;
In view of the Intellectual Property Code, and in particular Articles L. 411-1 and L. 411-2;
Due to Act No. 78-17 of January 6, 1978, as amended Computers, files and freedoms;
In the light of Law No. 83-657 of 20 July 1983 on the development of certain social economy activities;
In view of Act No. 96-603 of 5 July 1996 on development and Promotion of trade and handicrafts, as amended by Act No. 2003-721 of 1 August 2003 and by Order No. 2000-912 of 18 September 2000 and No. 2005-43 of 20 January 2005;
In view of Act No. 2003-721 of 1 August 2003 for the economic initiative ;
Given the amended Decree No. 84-406 of 30 May 1984 on the register of trade and companies;
In view of Decree No. 96-650 of 19 July 1996 on the centres of business formalities, as amended by Decree No. 2002-375 of 19 March 2002 ;
Having regard to Decree No. 98-247 of 2 April 1998 on the craft qualification and the inventory of trades, as amended by Decree No. 2004-1164 of 2 November 2004 laying down various provisions relating to the operation of the chambers of the trades and Handicrafts;
In view of the opinion of the National Information and Freedom Commission 2004-004 of 19 February 2004;
In view of the opinion of the Permanent Assembly of the Chambers of Crafts dated 26 November 2004;
In view of the reference to Opinion of the Assembly of the French Chambers of Commerce and Industry and of the Craft Trade Union as of 8 November 2004;
The Council of State (Finance Section) heard,
Clipping:
Title I of the decree of 2 April 1998 is amended as follows:
1 ° In Article 1, after the first subparagraph, a paragraph is added as follows:
" However, for occupations in which the Is regulated, where no diploma or registered title exists in the trade and related trades, the craftsmanship may be justified by a certificate or certification of professional capacity required for that exercise. "
2 ° At the beginning of the first subparagraph of Article 2, the words shall be inserted: At the request of the person concerned, ".
Title II of the Order is amended as follows:
1 ° Article 9 is replaced by the following:
" Art. 9. - The place of registration of the natural person in the trade register shall be the craft and craft chamber within the jurisdiction of which is situated either the principal establishment pursuing an activity listed in the list annexed to the In the cases provided for in the second and third paragraphs of Article L. 123-10 of the Commercial Code, its place of residence or, if it is a legal person, its head
. Where the seat of the legal entity is Located abroad, the registration must be requested in the Chamber of Crafts and Crafts in the jurisdiction of which the first establishment installed in France is situated within the meaning of the preceding paragraph. "
2 ° After Article 10, an article 10bis reads as follows:
" Art. 10 bis. -I.-At the time of his application for registration, the natural person married under a legal or conventional community system shall provide proof, in accordance with the model defined by the custody of the seals, the Minister of Justice, establishing that His spouse was informed of the consequences on the common property of debts incurred in the performance of his or her profession
II. -Where, pursuant to Articles L. 526-1 to L. 526-3 of the Commercial Code, the natural person declares his or her rights to be exempt from his principal residence, a reference to that declaration shall be made to the directory.
" Where appropriate, the declaration of a remploi of the funds and the renunciation of the declaration of exemption or remploi, under the conditions laid down in Article L. 526-3 of the same Code, shall also be the subject of a
. III. -In the application for registration, the indication by the natural or legal person that it is a beneficiary of a contract of support for the project of undertakings for the creation or resumption of an economic activity concluded under the conditions laid down in the Chapter VII of Title II of the Book I of the Code of Commerce, a copy of which is filed in the individual file of the person, shall be mentioned in the trade directory. Also mentioned is the name of the legal person responsible for the support, the address of its head office, and, if it is registered in another public register, the place of registration and the identification number.
" The Person, registered in the trade register, beneficiary of a contract in support of the undertaking for the creation or resumption of an economic activity shall be subject to the obligations laid down in Article 72 of the Decree of 30 May 1984 referred to above. "
3 ° Article 11 is replaced by the following:
" Art. 11. A secondary establishment, within the meaning of this Decree, any permanent establishment, separate from the head office or principal place of business, carrying on an activity listed in the list annexed to this Decree and directed by the taxable person, Servant or person who has the authority to make such a settlement to third parties.
" The establishment of any secondary establishment within the meaning of the preceding paragraph within the competence of the Chamber of Crafts and Crafts of the The place of registration must be declared to it at the latest within one month after the beginning of the activity of the latter and gives rise to a further registration. "
4 ° After Article 11, an article 11 bis reads as follows:
" Art. 11 bis. -When it is registered in the trade directory, a natural or legal person declares, where applicable, the existence of a registered office or principal or secondary institution in another Member State of the European
. It also declares any decision to transfer its head office or principal place of business or to establish a principal or secondary institution in one of these states. "
5 ° Article 12 is amended as follows:
(a) In the fourth paragraph, the word:" The transferee " Is replaced by the words: " New operator " ;
(b) After the fourth paragraph, a paragraph shall be inserted as follows:
" When a Natural or legal person transfers its principal place of business or its registered office within the jurisdiction of a craft and craft chamber other than that in which it is registered, it shall declare the transfer to its new Chamber, which shall Necessary steps to his new registration. The additional information necessary for this registration is provided free of charge by the previous competent craft and craft chamber. "
(c) The last paragraph is supplemented by the following sentence:" This period shall be renewable within a maximum period of three years in the case of parental leave. "
6 ° Article 13 is modified as follows:
a) The first two sentences are replaced by the following:
" In the event of the death of the registered person, the cancellation is requested by the heirs or assigns in the Six months from the date of death. However, such heirs or assigns, whether or not they intend to continue the operation, may request, from the date of death and within the same time limits, the provisional maintenance of the registration for a period of one year, renewable Times. " ;
b) In the last sentence, after the words: " In the event of liquidation "shall be inserted:" Amicable " And the words: " The decision on the winding-up " Are replaced by the words: " Of the publication of the closure of the liquidation
last paragraph of Article 14 shall be supplemented by the following sentence: " However, the request for cancellation of the mention of a collaborating spouse by the latter cannot be opposed by the other spouse. "
8 ° Article 15 is replaced by the following:
" Art. 15. - In the case of legal persons, the persons listed in Article 15 of the Decree of 30 May 1984 above are also mentioned in the trade directory. "
9 ° After Article 15, an article 15 bis reads as follows:
" Art. 15 bis. -When the President of the Chamber of Crafts and Handicraft is informed by an administrative or judicial authority that the evolution of the situation of a registered person would require the addition or modification of the references In the directory, he invites the person concerned to fulfil his or her reporting obligations. If the person concerned does not submit to this invitation within the period of one month, the President of the Chamber of Crafts shall, ex officio, make the appropriate changes to the individual's personal file at the expense of the subject. "
10 ° Article 16 is amended as follows:
a) In the first sentence, after the words:" And shall also include ", shall be inserted the words: A representative of the registries of the courts of commerce or of the courts of large instance Commercial material " ;
b) In the last sentence, after the words: " It shall meet at the initiative of its President ", shall be inserted the words: Or at the request of the President of the Chamber of Crafts " And the words: " One month " Are replaced by the Words: " 15 days ".
11 ° Article 17 is replaced by the following:
" Art. 17. - I.-Subject to the provisions of the V of Article 16 and Article 35 of the local professional code, the registration shall be carried out by the President of the competent craft and craft chamber, which shall Trades Directory Commission of any application concerning a natural or legal person.
" The President shall register the natural persons within one working day after issue, by the formalities centre Of the undertakings managed by the Chamber, the receipt of the business creation file referred to in Article 19 (1) of the Law of 5 July 1996 referred to
. It shall register the legal persons within one working day after Receipt of the registration notification in the register of commerce and companies.
" The President shall, without delay and without charge, issue to the person registered three extracts from the registration in the directory of the
. When The President shall decide to refer the Committee on the Trade Directory for an opinion, he shall inform the applicant or the declarant by reasoned letter within the time limit referred to in the second subparagraph. In this case, the absence of notification of registration within 15 days of receipt of the complete file constitutes acceptance of the application for registration. The President is then required to register the person within the period of one day.
" II. -The Committee on the Directory of Trades is compulsorily seized for the opinion of the President of the Chamber of Crafts and Handicrafts, prior to any refusal of registration. This refusal must be justified. It shall be notified by registered letter with a request for notification of receipt. The notification shall specify the possibility for the applicant to lodge an appeal before the administrative court and specify the terms and
. III. -Radiation, at the request of the person registered or under the conditions laid down in Article 17a, shall be carried out by the President of the competent craft and craft chamber. They are notified by registered letter with an acknowledgement request.
" IV. -Persons who have been refused registration or who have been deleted may refer the matter to the prefect for the purpose of applying the provisions laid down in Article 18
V.-Registrations and radiation are the subject of a Posting to the Crafts and Crafts Chamber for a period of thirty days. "
12 ° An article 17 bis reads as follows:
" Art. 17 bis. -When the President of the Chamber of Crafts and Handicrafts is informed by an administrative or judicial authority that a registered person no longer fulfils the conditions of registration in the trade register, he shall proceed ex officio To its cancellation after having placed it, or, where appropriate, its heirs or assigns, to request the cancellation of its registration by registered letter with a request for notification of receipt.
" Natural persons are radiated to The outcome of a period of three months after the date of the acknowledgement of receipt and the legal persons within the period of three months after their cancellation of the register of trade and companies
Where a person has been deleted ex officio in accordance with the The President of the Chamber of Crafts and Handicrafts shall be seized by the President of the Chamber of Crafts and Crafts within six months from the date of its cancellation and as soon as it demonstrates that it has regularised its situation. Radiation.
" In the case of a registered legal person in the register of trade and companies, the latter may request that such cancellation be reported as soon as it can justify its re-entry to that register by providing an extract of Its registration. "
13 ° Article 18 is replaced by the following:
" Art. 18. - I.-The prefect may, either at the request of a person or ex officio, apply to the President of the Chamber of Crafts and Handicrafts for registration, after the opinion of the Committee on the Directory of Trades. It may also request that it be cancelled after the opinion of the same
. II. -Where it considers that a person registered in the trade register does not carry on his professional activity in accordance with the I of Article 16 of the aforementioned Law of 5 July 1996, the President of the Chamber of Crafts and Handicrafts may Transmit to the prefect an extract of the registration in the directory of the trades of the person concerned, as well as the information forming the basis of his assessment. "
14 ° Article 19 is replaced by the following:
" Art. 19. - Each Chamber of Craft and Crafts shall keep the inventory of businesses within its competence in accordance with the provisions laid down in Article 9
The business directory consists of:
" -a file Alphabetical of registered natural and legal persons;
" -individual files of registered natural and legal persons.
" Recordkeeping of the above files and files may be subject to computer processing Under the conditions laid down in Act No. 78-17 of 6 January 1978, as amended relating to computers, files and freedoms.
" Applications for registration, change of situation or cessation of activity and documents Electronic documents may be kept in the form of electronic documents under the conditions laid down in Article 1316-1 of the Civil Code. "
15 ° Article 20 is replaced by the following:
" Art. 20. - Artisans of art are the subject of a specific mention within the trade register in accordance with Article 20 of the aforementioned Law of 5 July 1996. The same applies to cooperative craft enterprises that comply with the conditions of the abovementioned Act of 20 July 1983. "
16 ° Article 21 is replaced by the following:
" Art. 21. - The President of the Craft and Handicraft Chamber shall issue to any person who so requests the following documents:
" -an extract from the entries in the file of a person registered in the trade directory;
" -a certificate stating that a person is not registered;
" -a full copy of the entries in the trades directory for the same person.
" These documents shall be transmitted, at the option of the applicant, or on paper, Either electronically or electronically. In the latter case, the Chamber of Trades must sign a secure signature and ensure that transmissions are provided in a secure manner, in accordance with Articles 1316-1 and 1316-4 of the Civil Code. "
17 ° An article 21bis reads as follows:
" Art. 21 bis. -The National Institute of Industrial Property centralizes, within the national trade directory, the second original of the directories maintained by each craft and craft chamber. It may, on paper or electronically, issue certificates, copies or communications relating to the registration of a person to the national repertoire, subject to the payment of royalties, to any person who so requests. It may also issue certificates attesting that on the day of the application, a person is not included in the registration of the national directory. "
18 ° Inserted an article 21 ter reading:
" Art. 21b. -Subject to the fact that this activity retains an ancillary character, the President of the Chamber of Crafts and Handicrafts may communicate to third parties, in order to promote the trade sector, the list of names, names and addresses of persons And the name and address of legal persons registered in the directory of the trades with a reference to their activity and, where appropriate, the quality of their artisan or master craftsman for publication.
" The People They will have to be informed of this possibility of dissemination, when they are registered or before the publication of the lists, in order to be able to oppose it, as appropriate, in accordance with the provisions of the Act of 6 January 1978 referred to in Article 19 and under the conditions laid down in the order provided for in Article 23a.
" The costs of production of documents and lists issued pursuant to this Article shall be borne by the applicant. "
19 ° The second paragraph of Article 22 is amended as follows:
1 ° The words:" To the model determined by the Minister responsible for the craft sector " Are replaced by the words: " To a model model defined by the order provided for in Article 23a ' ;
2 ° In the second sentence, the words: Social and associate leaders of legal persons " Are replaced by the words: " The representatives of the legal persons referred to in the trade directory under the conditions laid down in Article 15 and, The quality of craftsman, craftsman or master craftsman or master craftsman or master craftsman in the craft of the natural person or of the leadership of legal persons ".
20 ° Article 23 is supplemented by the following paragraph:
" In addition, the President referred to the decision, made by a court of a Member State of the European Community subject to the application of Regulation No 1346/2000 of 29 May 2000 on insolvency proceedings, opening a procedure In accordance with Article 3 (1) of that Regulation, in respect of a person registered in the trade register, whose principal interests or domicile is situated in that State. This statement shall be made at the request of the person designated as a trustee, within the meaning of that regulation, which justifies his or her powers. "
21 ° An article 23 bis reads as follows:
" Art. 23 bis. -A joint decree of the Minister responsible for the craft sector, the Minister of Justice and the Minister responsible for industrial property, taken after the opinion of the National Commission on Informatics and Freedoms, establishes the conditions for the application of the Title, including:
" (a) The conditions of the display in the Chamber of Registrations and Radiation provided for in the V of Article 17;
" (b) The list of reported data contained in the files and files mentioned In Article 19 and extracts and certificates issued by the President of the Chamber of Crafts and Crafts in accordance with Article 21;
" (c) Model model for certification under article 22;
" (d) List of Supporting documents necessary for the registration, cancellation or modification of entries in the directory;
" (e) The terms of transmission of the second original of all files of persons registered in the trade directory Or in the register of undertakings held by each Chamber of Crafts and Crafts at the National Institute of Industrial Property in accordance with Article L. 411-1 of the Code of Intellectual Property and the manner in which it is to be taken care of Chambers of Crafts and Crafts of the costs incurred by the National Institute of Industrial Property for the maintenance and preservation of this second original;
" (f) Practical arrangements for persons registered in the Directory of the professions to be informed that they are likely to be subject to the broadcasts provided for in Article 21 ter and, if necessary, to oppose them. "
Title III of the Order is amended as follows:
1 ° The second subparagraph of Article 24 is replaced by the following paragraph:
" The provisions of Article 19 shall apply to each of the two sections Of the business register. "
2 ° The first paragraph of Article 26 is thus amended:
a) The word:" Craft " Is inserted after the words: " Principal place of business " ;
b) Words: " Article 1 " Are replaced by the words: " Item 7 ".
The schedule to the Order is amended as follows:
1 ° The heading of the schedule is replaced by the following heading: " List of activities giving rise to the registration of the trades directory with their Correspondence in NAF codes " ;
2 ° To service occupations: " Puppet shows ", the code:" 92.3 D " Is replaced by the code: " 92.3 KP ".
Minister of State, Minister of Interior and Regional Planning, Minister of Economy, Finance and Industry, Minister of Justice of the Seals Justice, and the Minister for Small and Medium Enterprises, Commerce, Handicrafts and Professions shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the Republic French.
Done at Paris, January 25, 2006.
Dominique de Villepin
By the Prime Minister:
The Minister of Small and Medium-Sized Enterprises,
Business,
and Liberal Professions,
Renaud Dutreil
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
Minister of the Economy,
Finance and Industry,
Thierry Breton
Seals, Minister of Justice,
Pascal Clément
