A further effort by Mr Macron Humanum est Perseverare diabolicum tribune bernard bailet
mer., 04 févr. 2015 10:02:00 +0100
"With the same conviction as defending what I believe in, I possess the same lucidity when I make a mistake". This sentence delivered before the national representation honors you, Mr. Minister. As President of the E.I.G. Infogreffe and as Associate Clerk, I believe that we should now invite you to continue in this initiative towards truth for regulated professions.
During the course of the examination by the National Assembly, in public session, of Article 12 of the draft law presented by you and entitled "Growth and Activity", you stated: "Rates are the responsibility of 3 million very small companies who fund the court clerks. Fulfilment of the Kbis is an important component. "
This affirmation demonstrates, if still needed, that the absence of the dialogue desired by your Ministry led you to certain assertions lacking foundation.
Why should this be so?
Commercial Court clerks are public and ministerial officials and as such agents of public authority. One of the primary public service mission is the assurance of the provision of legal information on companies.
As such, to return to your example, they deliver, under their professional responsibility, the Kbis, a legal document created by the court clerk who transcribes the legal situation of a company.
The rate for this Kbis, determined by the Ministry of Justice, is 2.60, before tax.
To assert that it is about a "burden" penalising very small companies which "fund the court clerks" does not make sense when who knows that it constitutes one of the lowest rates in Europe (against 4.50 in Germany, 5.6 in Italy, 11 in Belgium, 15 pounds in England) and it is not the "very small companies" which fund the court clerks, but the latter who have funded for over 30 years a public service for the provision of legal information recognised as much as the national as well as European levels.
This public service allows "very small companies" and more simply, all companies, to have the confidence of obtaining an instrument assuring them judicial security to the extent that they are issued by a public and ministerial official who is the Commercial Court clerk.
You assert, unambiguously, that the 2.60 rate assures a 100% profitability rate.
This is naturally and happily false!
The fees collected by the court clerks for provision of a "Kbis" contribute notably to:
- the dematerialisation of company initiatives (formation, modifications, filing of annual accounts, requests of orders for payment) ;
- the editorial production of the infogreffe.fr website as it relates to the steps and formalities for users;
- development of a reliable and innovative inter-registry search engine;
- maintenance of a chronological record, signed, certified and dematerialised for additional security,
- maintenance of a private virtual network indispensable between the court clerks and their E.I.G. Infogreffe, for the:
- traceability of requisitions;
- fight against fraud (short-lived companies);
- harmonisation of information for the best reading and understanding by users;
- implementation of controls between local registries maintained by the court clerks for issuance of coherent national information.
In addition to these services, we assure the maintenance and development of systems for distribution and dematerialisation of the procedures and formalities conceived by the E.I.G. Infogreffe which joins in the continuation of public service of the Commercial Court clerks with strict respect for the applicable subject texts.
The general resources for the distribution of legal information, undertaken under the responsibility of public and ministerial officials, under their signature and the seal of the Republic, finances technological means open to citizens, users, companies and to judicial members and partners in commercial jurisdictions, as well as the human resources of 2,000 employees having continuing education in business law.
Such resources also allow funding of missions rendered free of charge, for example, the registration of independent entrepreneurs (auto entrepreneurs) and the centre of formalities of the tax services. However, this economic model rests upon a balance with other activities, of a judicial nature, structurally in deficit for the court clerks.
"The money goes directly into the pockets of the court clerks" (citing you) is not completely destined to them as each year 21% of these amounts are reinvested in order to assure maintenance and development of their E.I.G. for response to the needs of companies, law professionals and includes administrations, banks and financial institutions.
Regarding Trade and Companies Register formalities, the court clerks collect State taxes, namely for INPI and BODACC, for which it is still, to date, impossible for us to establish a listing of services offered in return.
On 2014, Infogreffe.fr allowed 24 million visitors to consult 180 million pages, 24/7.
Other than services relating directly to companies, Infogreffe completely registered commercial jurisdictions in the era of digital technology and innovation thereby contributing to their efficiency, speed and quality.
Hoping to have gained all of your attention, Sincerely.