Created by the law of simplification of law and reduction of administrative procedures of March 22, 2012, the national file of prohibitions to manage was the subject of a decree of February 19, 2015.
This decree, whose entry date in force is fixed on January 1, 2016, determines the methods of registration and deletion of data in the file, the methods of communication of these.
Registration and cancellation of the file
The measures prohibiting management must be entered in the national file of prohibitions to manage by the clerk of the commercial court responsible for keeping the RCS in which the natural person who is the subject of it or the legal person to which it was registered is registered. the de facto or de jure manager.
In the absence of registration in the RCS, it is up to the clerk of the commercial court that pronounced these measures to proceed with the registration in the file. Registration must take place as soon as the decision of the court is no longer subject to any appeal suspending execution.
The registration in the national file of prohibitions to manage includes, in particular, the elements making it possible to identify the person and information relating to the measure pronounced against him (nature, date, duration).
When the measure prohibiting management is the subject of removal from the RCS, the clerk responsible for keeping this register, if necessary informed by the clerk of the commercial court which pronounced the raising or by the public prosecutor if the increase is pronounced by a civil or criminal court, as soon as the decision is no longer subject to an appeal suspending execution, proceeds without delay to the deletion of the corresponding registration from the national file of prohibitions to manage.
Similarly, when the measure comes to an end, the measure must be canceled automatically. In the event of cancellation, the elements mentioned during registration can no longer be communicated and are erased from the file.
Data communication
The decree establishes the list of persons who may be recipients of the information recorded in the file.
This list mainly targets agents from different administrations such as judicial police officers or agents from the general directorate of public finances. The decree also specifies that the request for communication and the communication of data must be made electronically. The consultations, modifications and queries of the national file of prohibitions to manage are recorded and kept for a period of thirty months from their recording. Finally, the rights of access and rectification provided for by articles 39 and 40 of law no. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms are exercised with the National Council commercial courts.
