Section 1: Registration of sworn freight brokers on the list of the Court of Appeal

The application for registration on the list of sworn goods brokers is submitted to the public prosecutor at the court of appeal within whose jurisdiction the applicant has his residence or, in the case of a legal entity, his registered office, a branch or an establishment related to his speciality.

The application must be accompanied by all relevant details, in particular the professional speciality or specialities for which registration is sought, and the following documents:

I. - For natural persons:

1° A document proving the identity and nationality of the applicant;

2° A certificate attesting to the absence of any disciplinary or administrative sanction involving dismissal, striking off, revocation, withdrawal of approval or authorisation, in the profession previously practised by the applicant. This certificate must be drawn up in accordance with the model laid down by order of the Minister of Justice;

3° A document proving that the applicant is personally registered in the Trade and Companies Register;

4° Documents proving that the applicant is qualified to manage sales of furniture by public auction and has the required professional experience in the professional speciality or specialities for which registration is requested;

5° Documents proving that the applicant has passed the qualifying examination in the professional speciality or specialities for which registration is requested within the last three years;

6° Documents proving residence within the jurisdiction of the court of appeal on whose list registration is requested;

7° A document proving the opening in a credit institution of an account intended exclusively for receiving funds held on behalf of others;

8° A document proving that professional liability insurance has been taken out;

9° A document proving that insurance or a guarantee has been taken out guaranteeing the representation of funds held on behalf of third parties.

II. - For legal entities:

1° A copy of the company's articles of association and the deed appointing its legal representative;

2° A certificate from the directors stating that they have not been subject to any disciplinary or administrative sanction, removal from office, striking off the register, revocation, withdrawal of approval or authorisation, in the profession in which they previously practised, for acts contrary to honour, probity or morality. This certificate shall be drawn up in accordance with the model laid down by order of the Minister of Justice;

3° All documents proving that the legal entity has been carrying on a commodities brokerage business for at least two years in the professional speciality or specialities for which registration is requested;

4° The proof provided for in 3° of Article L. 131-14 ;

5° Documents proving that its directors, partners or employees include at least one person fulfilling the conditions set out in articles 1°, 2°, 4° and 5° of article L. 131-13;

6° Documents proving that it has its registered office, a branch or an establishment related to its speciality or specialities within the jurisdiction of the court of appeal;

7° A document proving that it has opened an account in a credit institution intended exclusively to receive funds held on behalf of others;

8° A document proving that professional liability insurance has been taken out;

9° A document proving that insurance or a guarantee has been taken out guaranteeing the representation of funds held on behalf of third parties.