Chapter I: The professional card.
|Modified by Decree 95-818 1995-06-29 art. 1 JORF June 30, 1995.
The professional card issued to persons who exercise one of the activities referred to in article 1 (1 ° to 5 ° and 7 °) of the aforementioned law of 2 January 1970 bears the mention “Transactions on buildings and business”.
That which is issued to persons who exercise the activity referred to in article 1 (6 °) of this law bears the mention “Property management”.
The professional card issued to natural or legal persons not established in the national territory bears the mention “Provision of services in transactions on buildings and goodwill” or “Provision of services in real estate management”.
When the same natural or legal person engages in or lends his assistance to transaction and management operations, he is issued a professional card for each of these two categories of activities.
These cards conform to a model established by joint order of the Keeper of the Seals, Minister of Justice, Minister of the Interior and Minister of Economy and Finance.
The issue of the professional card is requested by the natural person or by the legal or statutory representative (s) of the legal person who engages in or assists in the operations listed by article 1 of the aforementioned law of January 2, 1970.
The request specifies the nature of the operations for which the card is requested.
When the request is made by a natural person, it mentions the civil status, profession, domicile and place of professional activity of this person.
When the request is presented on behalf of a legal person, it indicates the name, legal form, registered office, object of the legal person as well as civil status, domicile, profession and quality of the person (s). legal or statutory representatives.
The request is presented by the natural person or by the legal or statutory representative (s) of the legal person or, where applicable, by the tenant-manager who exercises or plans to exercise the activity in question. If the management of the company is assumed by an employee or a manager, agent or employee, the request also indicates, in this case, the civil status, the capacity, the domicile of this person, who must also justify that it meets the conditions provided for by article 3 (1 ° and 4 °) of the aforementioned law of January 2, 1970, by articles 3 (paragraphs 2 and 3) and 16 of this decree.
|Modified by Decree 95-818 1995-06-29 art. 2 JORF June 30, 1995.
The request must be accompanied by:
1 ° Proof that the applicant (s) have met the professional aptitude conditions specified in Chapter II below;
2 ° The certificate of sufficient financial guarantee issued under the conditions provided for in Article 37 below;
3 ° The certificate of insurance against the pecuniary consequences of professional civil liability issued in accordance with article 49 (paragraph 2);
4 ° Payment or proof of payment of the duty provided for in article 8 of the aforementioned law of January 2, 1970;
5 ° An extract from the trade register dated less than one month if the company is registered in this register or a duplicate of the request if it must be registered there;
6 ° Depending on the case, a certificate issued by the bank which opened the account provided for either by article 55 or by article 59 of this decree, with the indication of the account number and of the branch which keeps it, or a certificate of opening in the name of each principal of bank or postal accounts provided for in article 71 below;
7 ° Where applicable, when the request is for the issuance of the card provided for in Article 1 (paragraph 1) of this decree, of the sworn declaration that no funds, effect or value have been received. on the occasion of the operations specified by article 1 (1 ° to 5 ° and 7 °) of the aforementioned law of January 2, 1970.
The absence of incapacity or prohibition to exercise defined in Title II of the aforementioned law of January 2, 1970 is established by a bulletin n ° 2 of the criminal record, which is issued at the request of the prefect.
In the cases provided for in Articles 14 and 15 of the said law, the applicant produces the supporting documents to establish that he can receive the professional card.
A list of establishments, branches, agencies or offices that depend on the same declarant is, if applicable, attached to the request. This list specifies the name and address of each establishment, branch, agency or office, even if they are only open on a temporary basis.
The holder of the professional card, his legal or statutory representative (s), if it is a legal person, immediately informs the prefect who issued the card of any change of address and of any opening or closing of a business card. establishment, branch, agency or office.
|Modified by Decree 93-199 1993-02-09 art. 2 JORF February 13, 1993.
The professional card is issued by the prefect of the department where the applicant has the seat of his activities and, for Paris, by the prefect of police.
It is issued by the police prefect to natural or legal persons who have no establishment, branch, agency or office in France.
A file bearing an identification number is opened at the prefecture in the name of the applicant (s).
Any change of address of the headquarters of the activity must be declared to the prefecture (s) concerned.
A request must also be made in the event of a change in the identity of the legal or statutory representative (s), in the name or in the form of the legal person. A declaration is made in the event of amendments to the financial guarantee or to the insurance against the pecuniary consequences of professional civil liability. A new card is then issued upon remittance of the old one.
In the event of termination of the financial guarantee, suspension, expiration or termination of the insurance contract against the pecuniary consequences of professional civil liability, as well as in the event of prohibition or inability to exercise, the the holder of the professional card must immediately return it to the prefecture which issued it; he is required, as well as any person who would be carrying it, to deliver it on simple request of an official of the public authority.
A prior declaration of activity is made at the prefecture of the situation department, or at the police headquarters for Paris, for each establishment, branch, agency or office referred to in article 4 above, by the person who assumes it. The direction. This declaration contains the information mentioned either in paragraph 3 or in paragraph 4 of article 2 above, as the case may be, as well as the indication of the prefecture which issued the professional card and the number of this one.
It also includes the civil status, quality and personal domicile of the declarant.
A numbered file is opened for each establishment, branch, agency or office, at the prefecture which received the declaration.
After justification, in accordance with the provisions of articles 3 (paragraphs 2 and 3) and 16 of this decree, that he fulfills the conditions provided for in article 3 (1 ° and 4 °) of the law of 2 January 1970, the person who manages the establishment, branch, agency or office is given a declaration receipt conforming to a model set by joint order of the Keeper of the Seals, Minister of Justice, of the Minister of the Interior and the Minister of the Economy and Finance.
Any change of address of the establishment, branch, agency or office, as well as any change of the person who assumes its management, gives rise to a declaration to the prefectures concerned. After the justifications mentioned in the previous paragraph are provided, if necessary, a new receipt is issued upon delivery of the old one.
Anyone who holds this declaration receipt is required, when the conditions set for its issue are no longer met, to return this document on the simple request of an official of the public authority.
The provisions provided for in article 4 above and in this article do not apply to management services, located in real estate complexes, which do not have any administrative and financial autonomy.
Any person authorized by a holder of the professional card to negotiate, mediate or engage on behalf of the latter, justifies the quality and extent of his powers by producing a certificate conforming to a model. determined by joint order of the Keeper of the Seals, Minister of Justice, the Minister of the Interior and the Minister of the Economy and Finance. This certificate is issued by the holder of the professional card, after having been endorsed by the competent prefect by virtue of the provisions of article 5 of this decree. The provisions of the last two paragraphs of article 3 above are applicable for the visa of the attestation by the prefect.
Anyone who holds a certificate is required to return it to the holder of the professional card who issued it, within twenty-four hours of the request made by registered letter with acknowledgment of receipt.
Upon a simple request from the Prefect or the Public Prosecutor formulated for this purpose, the certificate must be withdrawn.
In the event that this certificate is not returned, the holder of the professional card must immediately notify the public prosecutor and the prefect.
Any modification in the statements of the certificate gives rise to the issuance of a new document upon submission of the old one.
The name and position of the certificate holder must be mentioned in the agreements referred to in article 6 (paragraphs 1 and 3) of the aforementioned law of 2 January 1970 when it is involved in their conclusion, as well as on the receipts of payments or remittances when it issues them.
In the event of negotiation, mediation, canvassing, payment of funds, delivery of securities or instruments, engagement or agreement, during one of the transactions specified in article 1 of the law of January 2, 1970, any interested person may require the presentation, as the case may be, of the professional card, the receipt for the declaration of activity or the certificate provided for in the preceding article.