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28/09/2016 PROFILE > Autorité judiciaire et administrative , Chef d'entreprise , Tout public , Service administratif et financier , Direction , Service comptable , Conseil en formalités , Acheteur , Avocat , Notaire , Administrateur et Mandataire judiciaire , Expert-comptable , Commissaire aux comptes , Marketing , Crédit Manager / Gestion des risques , Huissier , Service contentieux , Conseil financier

The 128th National Congress of the Law Clerks of the Registries of the Commercial Courts

Most of the Law Clerks of the Registries of the Commercial Courts will be attending this national event that will take place at the Palace Beaumont de Pau. News on legal developments regarding the Law Clerk profession / Legal updates on the Law Clerk profession will be discussed during the congress.

The representatives of the Ministry of Justice, the representatives of the legal profession as well as the main interlocutors of the National Counsel of the Law Clerks will also be attending this event.

During this congress, a first assessment on the reformation of the regulated professions will be made as well as an introduction of a comparative study on companies' registration in Europe.

1. Focus on the implementation of the Law on growth and activity :

Most of the application decrees of the Law of august 6th have been or are being published. The Law Clerks' profession has taken legal action to the State Counsel in order to contest the following regulations:

  • the prices' reform whose impact goes way beyond the original intent of the Law  
  • the data's transmission to the NRTC (National Register of Trade and Companies) for the disregard of the Clerks' database producers' rights as well as the standards relating to the protection of personal data.

Accessing the Law Clerk's profession will also be discussed especially since the Law plans to instore an academic competition in this regard. The national Counsel will also be calling to mind the Ministry of Justice so the regulations take into consideration the freelance status of the Law Clerk's profession. The National Counsel is concerned that those regulations will have the opposite impact of their main purpose which was the opening-up of the profession. In fact those regulations will just do the opposite by suppressing the "bridges" between the Law Clerk's profession and the other legal professions as well as the promotion of acquired skills and professional experience. Jean Pouradier Duteil,  President of the National Counsel will firmly remind the Ministry of justice of the Law Clerks' wish to have the proper means in order to fulfil their duties and therefore guaranty customers' satisfaction.

2. Public services and private bodies

The Law of August 6th 2016 and its application decrees will considerably impact the Law Clerk's profession as well as its capacity to innovate the services it provides to the businesses.

Going further, the National Counsel has made the wished to highlight during this event the following topic: "the private practice of the public services' duty".

Shall the public authority have the exclusivity regarding the achievement of the public services' duties or would the users' needs be best fulfilled by private bodies placed under the State's control?

Is the actual private practice's pattern out-of-date or to the contrary, does it constitute a possible line of approach in order to renew the public action that would be more efficient and in compliance with the public authority requirements.

We will host several speakers from different backgrounds in order to enhance the debate regarding this topic.

3. A comparative study on companies' registration in Europe

A previously unpublished comparative study on companies' registration in Europe will be presented on the occasion of this convention.

This investigation has been directed within 27 European countries and gives insights on the European delay's trend regarding the companies' registration, the price of the registration as well as the tariffs regarding the certificates of registration.

It has been noted that France provides one of the fastest and most accessible service in Europe.

4. Number 100 of the Law Clerks' Report (the "B.A.G.")

This publishing was created in 2007 by the National Counsel of the Law Clerks and is celebrating its 100th edition. This paper is monthly sent to the Law Clerks, the members of the judicial body (judges, prosecutors…) as well as to the main interlocutors of the National Counsel.

The B.A.G. talks about legal news on the Law Clerk's profession (laws, regulations, case law…). The content of the B.A.G. is a reference in a legal context that keeps evolving and tends to become more complex. Its readers are welcome to give their opinion on its content on the following website : www.cngtc.fr