French Commercial code
In forceREGULATION SETTING THE TERMS AND CONDITIONS APPLICABLE TO ELECTIONS OF JUDICIAL DIRECTORS AND JUDICIAL AGENTS TO THE BOARD OF DIRECTORS OF THE GUARANTEE FUND ESTABLISHED IN ARTICLE L. 814-3
ELECTIONS OF MEMBERS OF THE BOARD
OF DIRECTORS OF THE CAISSE DE GARANTIE
Article 72 of decree no. 85-1389 of 27 December 1985 (amended by decree no. 2004-518 of 10 June 2004):
The guarantee fund is managed by a board of directors composed of twelve members, including six judicial administrators and six judicial representatives, registered on the national lists.
These members are elected for five years. The six judicial administrators are elected by individuals registered on the national list of judicial administrators and the six judicial representatives by those registered on the national list of judicial representatives.
In the event of a seat becoming vacant for any reason whatsoever, and in particular when the professional concerned has obtained his or her transfer of registration from the national list of judicial administrators to the national list of judicial representatives or vice versa, the seat is filled by the first non-elected candidate in the professional category concerned.
If there are no more non-elected candidates, an election is held by single-member plurality ballot.
In all cases, the duties of the new members expire on the date on which those of the members they replace would have ceased.
The elections are organised by the board of directors of the guarantee fund, which determines the procedures applicable to them in accordance with rules submitted for approval to the Minister of Justice. The board responsible for counting the votes comprises the chairman, vice-chairman, secretary and treasurer of the fund's board of directors.
The candidates with the highest number of votes in each college are elected.
Complaints are referred to the Paris Court of Appeal.
Members of the fund may be re-elected only once.
Subject to the provisions of this Article, the rules of Article 3 shall apply to the election of members of the Board of Directors.
Article 3 of Decree no. 85-1389 of 27 December 1985 (amended by Decree no. 2004-518 of 10 June 2004):
The election of the court-appointed administrators and their substitutes, who are members of the national commission, is organised by the Conseil national des administrateurs judiciaires et des mandataires judiciaires. It shall take place by a one-round majority multi-mandate ballot.
Not eligible to take part in the electoral operations shall be judicial administrators who, since the date on which the list was drawn up, have been the subject of a provisional suspension, temporary ban, striking off or withdrawal from the list.
The elector shall vote for three titular candidates and their substitutes. He crosses out on the ballot paper sent to him the names of those he does not retain.
Ballot papers are valid even if they bear fewer names than there are members to be elected; only the first three names entered, in the order of preference indicated by the voter, are counted. Any overwritten ballot paper shall be invalid.
The three titular candidates and their substitutes who obtain the highest number of votes are elected. In the event of a tie, the oldest of the titular candidates wins.
Election process
Elections are held during the fourth quarter of the year at the end of which the current terms of office expire.
With a view to the implementation of the elections of the members of its board of directors, the guarantee fund notifies the professionals of the elections to be held and solicits candidacies by letter sent to all judicial administrators and judicial representatives by 1 October at the latest.
The date of the ballot and its closing time are set by the office of the National Council.
At the same time, it shall request the national commissions to communicate the list of registered judicial administrators and judicial representatives and professionals unable to take part in the electoral operations pursuant to paragraph 2 of article 3 of decree no. 85-1389 of 27 December 1985.
Applications must be made by registered letter with acknowledgement of receipt and must reach the guarantee fund by 20 October at the latest.
Applications are individual.
No earlier than 5 November and no later than 15 November, the guarantee fund shall notify each judicial administrator and each judicial representative appearing on the list of voters by simple post of the arrangements for the electoral operations and the date and place of the counting operations.
A copy of the list of candidates, drawn up in alphabetical order, and a blank ballot paper bearing the numbers 1 to 6, equivalent to the order of preference, as well as the pre-established envelopes required to cast the vote, are enclosed with this letter.
This dispatch opens the ballot.
Each voter enters the candidates they choose, in the order of preference indicated on the ballot paper.
Voting takes place by post.
Ballot papers must reach the guarantee fund by 30 November, the closing date of the ballot.
Votes received by the guarantee fund are, on receipt, placed in a locked ballot box and kept there until the count.
Each ballot is sent in a double envelope: the inner envelope, which contains the ballot paper, must be closed and bear no distinct mark; the outer envelope marked elections bears the voter's name and contains the inner envelope. Ballot papers contained in irregular envelopes are void.
In application of Article 3 of Decree no. 85-1389 of 27 December 1985, ballot papers are valid if they bear more or fewer names than there are members to be elected.
In the event that a ballot paper bears more than six names, only the first six names entered are taken into account.
Within fifteen days of the close of the ballot, the office of the guarantee fund carries out the counting operations in the presence of any judicial administrator or judicial representative concerned.The ballot box containing the voting envelopes is opened, then the outer envelopes are opened, the voter's name is marked on the voters' list and the inner envelope inserted into a ballot box.
The ballot papers are then counted. The results are immediately declared and a report of these operations is drawn up by the secretary of the guarantee fund.
