professional ability
LexInter | May 3, 2003 | 0 Comments

PROFESSIONAL ABILITY

Chapter II: Professional aptitude.
Section I: Professional aptitude acquired in France.

Article 11
Modified by Decree 93-199 1993-02-09 art. 3 JORF February 13, 1993.

To obtain one of the professional cards provided for in article 1 of this decree, persons who produce:

a) Either the diploma issued by the State at the end of the second examination of the license in law or in economics or a diploma issued by the State sanctioning legal, economic or commercial studies, of an equal or higher level , or a university diploma in technology or the certificate of higher technician, for the same disciplines;

b) Or a diploma attesting to higher legal, economic or commercial studies, and issued by an establishment recognized by the State and appearing on a list fixed by joint order of the Keeper of the Seals, Minister of Justice, and the Minister of National Education ;

c) Either one of the following diplomas:

Professional aptitude diploma for the functions of notary issued by a departmental chamber of notaries;

A notary’s first clerk aptitude diploma;

Diploma from the Institute of Economic and Legal Studies Applied to Construction and Housing, option Sale and management of buildings;

d) Or a certificate issued:

By their respective orders to the former notaries, to the former attorneys at the courts of appeal, to the former bailiffs, to the former expert surveyors authorized to devote themselves to the administration of property;

By the public prosecutor, to former clerks holding office, to former attorneys at the high courts, to former approved by the commercial courts, to former trustees and court administrators.

 

Article 12
Modified by Decree 93-199 1993-02-09 art. 3 JORF February 13, 1993.

To obtain one of the professional cards provided for in article 1 of this decree, persons who meet the following two conditions are regarded as proving the required professional aptitude:

1 ° To hold:

a) Either the baccalaureate or the technician’s baccalaureate or a diploma issued by the State and attesting to studies of an equal or higher level or the technician’s certificate or the capacity in law;

b) Or one of the diplomas appearing on a list drawn up by joint order of the Keeper of the Seals, Minister of Justice, and of the Minister of National Education and issued by the State or by an establishment recognized by the State .

2 ° Have held, for at least one year for the holders of the diplomas referred to in 1 ° a, for at least two years for the holders of the diplomas referred to in 1 ° b, one of the following positions:

Employment in low-rent housing organizations;

Employment in an establishment belonging to a holder of the requested professional card;

Notary’s clerk, attorney’s clerk or certified secretary;

Public employment connected with an activity relating to real estate transactions or real estate management.

 

Article 13
Modified by Decree 93-199 1993-02-09 art. 3 JORF February 13, 1993.

Persons who cannot produce the diplomas provided for in article 12 (1 °), who cannot produce the diplomas provided for in article 12 (1 °), have worked for at least four years in one of the following positions:

Executive job in a low-rental housing organization; Executive job, affiliated with the executive retirement and provident fund, in an establishment under the control of a person holding the requested professional card;

Notary’s clerk (2nd category), as defined by the national collective agreement for notaries;

Sub-principal attorney or accredited clerk, as defined by the national collective agreement regulating the relationship between attorneys at the tribunal de grande instance and attorneys at the court of appeal and their staff;

Category B public employment in an activity related to real estate transactions or real estate management.

 

Article 14
Modified by Decree 93-199 1993-02-09 art. 3 JORF February 13, 1993.

Are considered as proof of professional aptitude for the issue of one of the cards provided for in article 1 of this decree the persons who have held, for at least ten years, one of the jobs listed in the article 12 (2 °). It is not necessary that the said occupation was continuous and that it related, during the aforementioned period, to a job of the same category.

 

Article 15
Modified by Decree 93-199 1993-02-09 art. 3 JORF February 13, 1993.

To be taken into consideration, the jobs provided for in Articles 12, 13 and 14 must have been occupied on a permanent basis, devoting to them all the time of the normal working hours required in the said jobs.

 

Article 16
Modified by Decree 93-199 1993-02-09 art. 3 JORF February 13, 1993.

People who, without holding a professional card, assume the management of the company, such as managers, agents or employees, or that of an establishment, branch, agency or office , have to prove their professional aptitude under the conditions provided for in Article 11 or in those provided for in Articles 12 and 13, or in Article 14, with a working time reduced by half.

Section II: Professional aptitude acquired in another member state of the European communities.

Article 16-1
Created by Decree 93-199 1993-02-09 art. 4 JORF February 13, 1993.

May obtain the professional card provided for in Article 1, without possessing the diplomas required by Article 11 (b), nationals of a Member State of the European Communities who have successfully completed a course of study lasting minimum of three years or of an equivalent duration on a part-time basis in a university or higher education establishment or in another establishment of the same level of training in a Member State, as well as, where applicable, the required professional training in addition to this course of study, and which justify:

1 ° Of diplomas, certificates or other titles allowing the professional exercise of the activities mentioned in article 1 of the law of January 2, 1970 referred to above in the Member State of origin or provenance issued:

a) Either by the competent authority of that State and sanctioning training acquired predominantly in the Community;

b) Or by a third country, provided that a certificate is provided from the competent authority of the Member State which recognized the diplomas, certificates or other titles certifying that their holder carried out professional activities in that State. mentioned in article 1 of the aforementioned law of January 2, 1970 for a period of at least three years;

2 ° Or the full-time exercise of the same activities for at least two years during the previous ten years in a Member State of origin or origin which does not regulate the access or the exercise of this profession, to provided that this exercise is certified by the competent authority of that Member State.

 

Article 16-2
Created by Decree 93-199 1993-02-09 art. 4 JORF February 13, 1993.

Nationals of a Member State of the European Communities who meet the following conditions may obtain the professional card provided for in Article 1 without fulfilling the conditions required by Articles 11 (a) and 12:

1 ° Either hold diplomas, certificates or other titles issued by the Member State of origin or provenance and attesting to legal, economic or commercial studies lasting at least two years after the baccalaureate;

2 ° Or hold the baccalaureate issued by the Member State of origin or provenance and have held for at least two years in that Member State, under the conditions provided for in Article 15, a job related to an activity mentioned in article 1 of the aforementioned law of January 2, 1970;

3 ° Or hold the baccalaureate issued by the Member State of origin or provenance and have held in France, for at least one year, under the conditions provided for in Article 15, a job in an establishment under a holder of the requested professional card.

 

Article 16-3
Created by Decree 93-199 1993-02-09 art. 4 JORF February 13, 1993.

Sufficient knowledge of the French language is required of the applicant. It is verified under the conditions set by a joint order of the Keeper of the Seals, Minister of Justice, and the Minister of National Education.

 

Article 16-4
Created by Decree 93-199 1993-02-09 art. 4 JORF February 13, 1993.

When the applicant’s training covers subjects substantially different from those covered by the diplomas required of nationals or when one or more of the professional activities mentioned in article 1 of the aforementioned law of 2 January 1970 are not regulated in the Member State of origin or provenance of the applicant or are regulated in a different manner, the prefect may require that the person concerned choose either to undergo an aptitude test or to complete an adaptation period, the duration of which does not last. may exceed three years.

The decree provided for by article 16-3 fixes the program and the modalities of the aptitude test, in particular the modalities of appointment of the jury. It also sets the conditions for organizing the adaptation internship, which must be carried out with a professional holding a professional card of the category requested for at least five years and registered on a list established by this decree.

 

Article 16-5
Created by Decree 93-199 1993-02-09 art. 4 JORF February 13, 1993.

 

Persons availing themselves of a professional aptitude acquired under the conditions provided for in this section send their application for a professional card to the Prefect. This request is accompanied by a file, the composition of which is fixed by the decree mentioned in article 16-3. A receipt is issued upon receipt of the complete file.

 

The reasoned decision of the prefect is made no later than four months after the date of the receipt.

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