Created by the law simplifying the law and streamlining administrative procedures of March 22, 2012, the national register of persons prohibited from managing was the subject of a decree of February 19, 2015.
This decree, whose entry into force is set for January 1, 2016, determines the procedures for registering and removing data from the register, and the procedures for communicating this data.
Registration and removal from the file
Disqualifications from managing a business must be recorded in the national register of disqualified individuals by the clerk of the commercial court responsible for maintaining the Trade and Companies Register (RCS) where the individual subject to the disqualification or the legal entity of which they were the de facto or de jure manager is registered. If the disqualification is not recorded in the RCS, it is the responsibility of the clerk of the commercial court that issued the disqualification to register the individual in the register.
Registration must take place as soon as the court's decision is no longer subject to any appeal that suspends its execution.
Registration in the national register of disqualified individuals includes, in particular, information enabling the identification of the individual and details of the disqualification imposed on them (nature, date, duration).
When a ban on managing a business is removed from the Trade and Companies Register (RCS), the clerk responsible for maintaining this register, if informed by the clerk of the commercial court that lifted the ban or by the public prosecutor if the lifting was ordered by a civil or criminal court, must, as soon as the decision is no longer subject to an appeal that suspends its execution, immediately remove the corresponding entry from the national register of those banned from managing a business. Similarly, when the ban expires, it must be automatically removed.
In the event of removal, the information recorded at the time of registration can no longer be disclosed and is deleted from the register.
Data communication
The decree establishes the list of individuals who may receive the information recorded in the file. This list primarily includes agents of various government departments, such as judicial police officers or agents of the Directorate General of Public Finances. The decree also specifies that requests for and the provision of data must be made electronically. Consultations, modifications, and queries of the national file of individuals prohibited from managing a business are recorded and retained for a period of thirty months from the date of recording.
Finally, the rights of access and rectification provided for in Articles 39 and 40 of Law No. 78-17 of January 6, 1978, as amended, concerning information technology, data files, and civil liberties, are exercised through the National Council of Clerks of Commercial Courts.
