The Court Registrar
is an essential member of the court. He/she assists the court in
hearings and in all legal cases, but does not participate
in the carrying out of court orders. As an "officier public et ministériel"
(agent invested with public powers), the Court Registrar of the
Commercial Court is appointed by the Ministry of Justice. He/she
may operate either on an individual basis or as member of a company.
In France, there are 135 Commercial Courts.
To become a Court Registrar of the Commercial Court, one must have
a degree in law, successfully complete a period of work experience
and pass an exam given by the Ministry of Justice and the "Conseil
National des Greffiers des Tribunaux de Commerce - CNG" (National
Board of Court Registrars of the Commercial Courts) which represents
the profession with the authorities.
The Court Registrar of the Commercial Court operates
with a staff, which he/she recruits. His/her duties are dual, as
a Court Registraris vested with public powers ("délégataire
de la puissance publique"). He/she ensures the
validity of the court’s acts and their conservation;
assists the president of the Commercial Court and the court in the
hearings, and drafts and archives its orders.
"Officier ministériel"
(holder of an office conferred by a public authority), the
Court Registrar of the Commercial Court registers and archives the
declarations and acts concerning sole-traders and companies.
The acts concern their identity, status, economic and financial
situation (company balance sheet, debts, leasing and good
will mortgages) business failures (receiverships and court-supervised
turnaround procedures).
Each year, the Court Registrar of the Commercial
Court draws up an activity report for the Commercial Court’s
activity in the previous year.
The Court Registrar may delegate certain
powers to "commis-greffiers" (Court
Registrar’s sworn representatives) and authorize them to appear
for him/her in the hearings, and to deliver upon request
copies of the acts held at the Court Registrar's office.
The Court Registrar of the Commercial Court's mission
is not only to receive, to review and to authenticate declarations,
it is also to make them available to the public
(Registre du Commerce et des Sociétés certificates
Kbis and K, indebtedness and companies' proceedings, etc.).
Today, the Court Registrar of the Commercial Court
possesses modern, high-performance communication systems
(information technology and telematics), which allow him/her to
rapidly distribute the information held in his/her registers. |