Who is the Court Registrar ? What are the Court Registrar's functions ?
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.
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.
Publish 28/08/2012 - More details
In France, there are 135 Commercial Courts.
