Subsection 1: Operators of voluntary sales of furniture by public auction

Only operators meeting the conditions defined in this article may organise and conduct voluntary sales of movable property by public auction and electronic auctions.

I.-If a natural person, the operator of voluntary sales of movable property by public auction must:

1° Be French or a national of a Member State of the European Union or another State party to the Agreement on the European Economic Area;

2° Not have been the perpetrator of acts that have resulted in a final criminal conviction for acts contrary to honour, probity or morality or acts of the same nature that have resulted in a disciplinary or administrative sanction of dismissal, striking off, revocation, withdrawal of approval or authorisation in the profession in which they previously exercised ;

3° Have the qualification required to run a sale or hold a title, diploma or accreditation recognised as equivalent in this area;

4° Have previously declared their activity to the Conseil des maisons de vente instituted by article L. 321-18.

II.-If it is a legal entity, the operator of voluntary sales of furniture by public auction must:

1° Be constituted in accordance with the legislation of a Member State of the European Union or another State party to the Agreement on the European Economic Area and have its registered office, central administration or principal place of business on the territory of one of these Member States or parties ;

2° Have at least one establishment in France, including in the form of an agency, branch or subsidiary;

3° Include among its directors, partners or employees at least one person fulfilling the conditions mentioned in 1° to 3° of I ;

4° Prove that its directors have not been the subject of a final criminal conviction for acts contrary to honour, probity or morality or have not been the perpetrators of acts of the same nature that have given rise to a disciplinary or administrative sanction of dismissal, striking off, revocation, withdrawal of approval or authorisation in the profession they previously exercised;

5° Have previously declared its activity to the Conseil des maisons de vente instituted by Article L. 321-18.

III.-Natural persons fulfilling the conditions mentioned in 1° to 3° of I take the title of voluntary auctioneer, to the exclusion of any other, when they carry out these sales.

IV.- Operators of voluntary sales of furniture by public auction bring to the attention of the public, on all documents or advertising, the date on which their declaration of activity was made to the Conseil des maisons de vente.