Paragraph 1: Declaration

Articles in this section · 4

R321-1R321-2R321-3R321-4

Article R321-1

French Commercial codeIn force
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Updated 6 Nov 2023

Operators, whether legal entities or individuals, organising and carrying out voluntary sales of furniture by public auction, including by electronic means, shall declare their activities to the Conseil des maisons de vente by registered letter with acknowledgement of receipt or by any dematerialised means, provided that the person making the declaration can be duly identified.

The declaration shall be accompanied by the following supporting documents:

I.-For natural persons:

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

2° A certificate stating that they have not committed any of the acts mentioned in 2° of I of Article L. 321-4. This attestation shall be drawn up in accordance with the model set by order of the Minister of Justice;

3° Documents proving that the persons responsible for conducting sales have the required qualification or hold a title, diploma or authorisation recognised as equivalent in this area;

4° A copy of the lease or title deed for the premises where the business is conducted, as well as the last balance sheet drawn up or, failing this, the provisional balance sheet ;

5° A document proving that an account has been opened in a credit institution exclusively for the purpose of receiving funds held on behalf of others;

6° A document proving that professional liability insurance cover has been taken out;

7° A document proving that insurance or a guarantee has been taken out guaranteeing the representation of funds held on behalf of others;

II.-For legal entities:

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

2° Documents proving that it has at least one establishment in France;

3° Documents proving that its managers, partners or employees include at least one person fulfilling the conditions set out in articles 1° to 3° of I of article L. 321-4;

4° A statement by the directors that they have not committed any of the acts referred to in 4° of II of article L. 321-4. This attestation shall be drawn up in accordance with the model laid down by order of the Minister of Justice;

5° A document proving the identity of the persons responsible for managing the sales and, if they are employees of a legal entity, a copy of their employment contract or a certificate from their employer specifying the nature of their duties;

6° A copy of the lease or title deed for the premises where the business is carried on as well as the last balance sheet drawn up or, failing that, the provisional balance sheet ;

7° A document proving that an account has been opened in a credit institution exclusively for the purpose of receiving funds held on behalf of third parties;

8° A document proving that professional liability insurance cover 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.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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