File : Role of the Registries
The Clark (registrar) a public officer, appointed by the Ministry
The commercial court clerk is a public officer appointed by the Ministry; his status is defined by article L. 741-7 of the commercial Code. As a delegate of the public authority, he exercises his functions on behalf of private persons as well as corporations; he prepares magistrates' rulings.
Under the authority of the ministry of Justice.
In his capacity as ministerial officer, the clerk at the commercial court provides support to private individuals in the performance of certain activities and to judges in preparing rulings.
Asa public officer, he is the delegatee of the State public authority, on behalf of which he guaranteesauthenticity to deeds and acts falling under his competence. These delegated powers are under the authority of the ministry of Justice. This implies rigorous control in a strict regulatory framework. Control by the State mainly takes the form of precise regulations concerning the conditions for qualification in exercising the profession, as well as tariffs.
The commercial court clerk may practice his profession as a private individual, in a professional civil company, or as a professional liberal practice, as provided for in article L. 741-7 of the commercial Code. He may also be member of a GIE, a European Economic Interest Grouping, or he may be the partner in a joint venture, regulated by title II of Law no. 90-1258 31 December 1990, pertaining to the practice in the form of liberal profession companies subject to a legislative or registry statute, or whose title is protected.
The commercial court clerksare appointed by the Garde des Sceaux, Ministry of Justice.
They perform legal tasks in the service of the Court and of companies:
- assistance to the court;
- services to persons subject to the law, with preservation of minutes and archives, authentication and serving of rulings;
- services to companies, including keeping and verifying the Trade and Companies Register, preservation of assets for security, publication and diffusion of legal and financial information concerning corporations.
The commercial Court clerks are under a double obligation:
- satisfying State requirements, the behalf of which, as delegatees, they perform certain functions;
- providing satisfactory service to users of public service facilities of the commercial legal system, as direct interlocutors.
This modern view of a legal public service being delegated by the State makes it possible for commercial jurisdictions to continuously adapt to modern economic realities.
The clerk (the registrar) is therefore constantly in the service of corporations, especially for purposes of informing them of their options in avoiding difficulties (conciliation, ad hoc mandate, safeguarding proceedings etc). For this purpose, any company director is invited to make an appointment directly with the commercial court presiding judge in his jurisdiction, through the registry, for purposes of considering, with the judge, the foregoing options before entering suspension of payments.
The commercial Court clerksare members of GIE Infogreffe the purpose of which is to extend their activities through electronic media.