Application to the appointed judge for supervision of the RCS
The Procedures guide allows entrepreneurs and decision-makers to have a reliable, precise and up to date overview of legal procedures and measures concerning commercial formalities to be undertaken. It is broken down into 6 sections in which you can find information and documentation required for formalities with Registry Offices at the Commercial Courts.
Application to the appointed judge for supervision of the RCS
Thus, the registry office ensures the legality of the application and checks that the statements made on the applications are consistent with the legislative and regulatory provisions, correspond to the supporting documents and legal instruments included in the annex, and are compatible with the file's status, in the case of an application for modification or removal .
The court clerk proceeds with the registration if the application is complete and correct. Otherwise, he requests the missing information or missing documents. In the case of dispute, the claimant has recourse to the judge assigned to the monitoring of the register.
The claimant or his duly authorized agent can dispute any claim for missing information or supporting documents for which the court clerk has notified him.
Texts: Articles L. 123-1, L. 123-6, R. 123-79 and R. 123-139 of the Commercial Code.
The mission of the judge assigned to the monitoring
The dispute between the claimant and the court clerk is decided by a judge assigned to the monitoring of the register who gives his decision by ordinance. The dispute is brought before the presiding judge of the regional court or a judge assigned to monitoring the Trade and Companies Register, when the claimant is a legal entity who does not have the status of trader (example: civil societies, companies formed by self-employed practitioners, an economic interest group having a civil purpose ... ).
How to contest the clerk's decision?
In order to settle the dispute between the court clerk and the claimant, the judge assigned to the monitoring of the register hears the application.
The application must be filed in two original copies dated and signed.
It must be enclosed with the formality which is the subject of the claim from the court clerk (declarative form, supporting documents, legal instruments to be filed by annex in the Trade and Companies Register, depending on the case), as well as the claim sent by the clerk. For the files of legal entities not having the status of trader, it is appropriate to directly address the application to the attention of the presiding judge of the competent regional court.
Form of the application
The law has not fixed any formal conditions for the drafting of an application. That is why it can be established on plain paper.
It must be motivated, because it is necessary to explain to the assigned judge the reasons for why you are contesting the refusal made by the court clerk. Download an application template
After the order of the assigned judge / Special case of applications submitted to the presiding judge of the regional court
After the assigned judge has rendered his order, notice is provided to the claimant. The latter may eventually contest this decision. The statement of appeal of the order is made or addressed to the registry office of the commercial court.
In the absence of any appeal, it is necessary to go the registry office to proceed with the formality according to the terms of the order rendered by the assigned judge or request the cancellation of the file, in the event where the company does not comply with the rendered decision. The newly presented file must be enclosed with the order rendered.
For applications submitted before the judge assigned to the regional court, the formality and the order are directly transmitted to the Trade and Companies Register of the court clerk, for processing.
Particular case of applications for requesting deletion of ex officio cancellation
Decree No. 84-406 of 30 May 1984 allows the court clerk in some cases to proceed with the ex officio removal of a company or a trader in the Trade and Companies Register.
This mention of ex officio removal is an administrative measure. The company or the business does not lose its legal status. That is why the legislature has established a possibility to regularize the situation.
The person cancelled ex officio may ask the judge assigned to monitoring the Trade and Companies Register for deletion of the ex officio removal reference.
The regularization can be requested to the assigned judge within six months from the ex officio removal reference in the Trade and Companies Register.
If the regularization is requested after the expiration of this six-month period, the claimant should proceed with the "re-registration" of his company (contact the services of the Trade and Companies Register to learn more about the procedure, depending on the file in question).
Texts: Articles 40 through 46 of Decree 84-406 of 30 May 1984.
HOW TO FILE AN APPLICATION?
For that, it is necessary to send an application to the assigned judge under the same conditions as described above .
CONDITIONS FOR THE FILING OF AN APPLICAITION FOR REQUESTING DELETION OF THE EX OFFICIO REMOVAL
You must prove to the judge that the situation has been rectified. For example, if the ex officio removal results from a problem pertaining to the address of the registered office, the application must be enclosed with a current supporting document demonstrating that the registered office is still established at the same address or the statement of the transfer of the registered office.
The rates presented below do not include postage fees; cheques should be made payable to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE, and enclosed with the application.
Orders on application (other than interim and payment proceedings)
Price, all taxes included
Order on application (with 1 notif. to the complaint)
Notice, communication or additional notification of the ordinance
Order on application with filing by annex in the Trade and Companies Register (RCS) (without notification)
Filing of additional legal instruments in the annex in the Trade and Companies Register (RCS)
Order of the assigned judge - RCS Litigation (notif. (R. 123-140 of the Commercial Code) Registered letter (acknowledgement requested) + simple letter)
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