#2024-874Decree No. 2024-874 of August 14, 2024, on the Exercise of the Profession of Justice Commissioner in Partnership
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This law establishes the framework for operating in a professional partnership as a 'commissaire de justice' in France. It details the creation, nomination, and operational standards of professional civil societies specifically for individuals practicing as 'commissaires de justice'. The law addresses aspects such as the conditions under which these partnerships can be created, their governance structures, and the mechanisms for approving new partners or changes in ownership, while ensuring the integrity and competency of those practicing this profession.
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Key Changes
- Introduces the concept of 'société titulaire d'un office de commissaire de justice'
- Specifies requirements for the appointment of partners in these partnerships
- Outlines the processes for mergers, acquisitions, and changes in partnership structure
Obligations
What this law requires
Professional civil societies holding justice commissioner offices must submit nomination requests through electronic procedures on the ministry of justice website, accompanied by all supporting documents including attestation from the commercial court clerk confirming deposit of incorporation documents.
The Minister of Justice must issue an official decree (arrêté) to nominate a professional civil society in a justice commissioner office and appoint each associate member. The decree must address: acceptance of resignations, suppression or transfer of offices, transfer of files, and creation of new offices if applicable.
Each associate seeking to exercise functions in another office of the same society must submit a declaration to the Minister of Justice within 10 days of agreement, via electronic procedures, including copies of bylaws and proof of consent from all parties.
The national chamber of justice commissioners must provide information regarding professional capabilities and honorability of associate members within 20 days of receiving a request from the Minister of Justice.
Professional civil societies cannot be created in a manner that reduces the number of justice commissioner offices below what is necessary for proper administration of justice in the relevant judicial district.