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LEGIARTI000006200304_1
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LEGIARTI000006200304
| 1
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01ab0e1605ab9558
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Article
|
DECRET
|
MODIFIE
|
Décret n° 69-763 du 24 juillet 1969
|
Décret n° 69-763 du 24 juillet 1969 portant règlement d'administration publique pour l'application à la profession de commissaire-priseur de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
|
Titre II : Des sociétés de commissaires-priseurs judiciaires - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables dans les cas de nullité et de dissolution de la société.
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134-1
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1992-03-01
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2001-10-01
| null |
[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "JUSC9220095D", "title": "Décret n°92-194 du 27 février 1992 - art. 84 () JORF 1er mars 1992", "doc_id": "LEGIARTI000006202285", "number": "84", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000712639", "text_number": "92-194", "link_direction": "source", "text_signature_date": "1992-02-27"}]
|
Les associés d'une société de commissaires-priseurs peuvent décider à l'unanimité des associés, la transformation de cette société en une société titulaire d'un office.
Dans ce cas, la société est nommée dans un des offices dont l'un des commissaires-priseurs était titulaire. Les autres offices sont supprimés.
|
Décret n° 69-763 du 24 juillet 1969 portant règlement d'administration publique pour l'application à la profession de commissaire-priseur de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 134-1
Des sociétés de commissaires-priseurs judiciaires - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables dans les cas de nullité et de dissolution de la société.
Les associés d'une société de commissaires-priseurs peuvent décider à l'unanimité des associés, la transformation de cette société en une société titulaire d'un office.
Dans ce cas, la société est nommée dans un des offices dont l'un des commissaires-priseurs était titulaire. Les autres offices sont supprimés.
|
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LEGIARTI000006200306_1
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LEGIARTI000006200306
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1d05d320285b66bc
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Article
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DECRET
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MODIFIE
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Décret n° 69-763 du 24 juillet 1969
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Décret n° 69-763 du 24 juillet 1969 portant règlement d'administration publique pour l'application à la profession de commissaire-priseur de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre III : Dispositions diverses.
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136
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1969-07-31
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2001-10-01
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 2 (M)", "doc_id": "LEGIARTI000006290473", "number": "2", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}]
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Des décrets ultérieurs fixeront les conditions dans lesquelles les commissaires-priseurs peuvent constituer, avec des personnes physiques exerçant d'autres professions libérales, des sociétés régies par l'article 2 de la loi précitée du 29 novembre 1966, en vue de l'exercice en commun de leurs professions respectives.
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Décret n° 69-763 du 24 juillet 1969 portant règlement d'administration publique pour l'application à la profession de commissaire-priseur de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 136
Dispositions diverses.
Des décrets ultérieurs fixeront les conditions dans lesquelles les commissaires-priseurs peuvent constituer, avec des personnes physiques exerçant d'autres professions libérales, des sociétés régies par l'article 2 de la loi précitée du 29 novembre 1966, en vue de l'exercice en commun de leurs professions respectives.
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LEGIARTI000006200307_1
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LEGIARTI000006200307
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c67f69d4bd5a3df2
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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1
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Le présent décret a pour objet de déterminer les conditions d'application à la profession d'avoué des articles 1er à 32, et 37 de la loi du 29 novembre 1966 relative aux sociétés civiles professionnelles en ce qui concerne les sociétés titulaires d'un office d'avoué et les sociétés d'avoués.
Seules les sociétés régies par le présent décret peuvent comprendre dans leur objet la mise en commun et le partage des produits des offices.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 1
Le présent décret a pour objet de déterminer les conditions d'application à la profession d'avoué des articles 1er à 32, et 37 de la loi du 29 novembre 1966 relative aux sociétés civiles professionnelles en ce qui concerne les sociétés titulaires d'un office d'avoué et les sociétés d'avoués.
Seules les sociétés régies par le présent décret peuvent comprendre dans leur objet la mise en commun et le partage des produits des offices.
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LEGIARTI000006200309_1
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LEGIARTI000006200309
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451d5850f1cfa168
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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2
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Les dispositions du présent titre sont applicables aux sociétés titulaires d'un office d'avoué dans lequel les associés exercent en commun leur profession.
Ces sociétés reçoivent la dénomination de "société titulaire d'un office d'avoué" et les associés ont le titre d'"avoué associé" à l'exclusion de celui d'"avoué".
Elles peuvent être constituées, en ce qui concerne les avoués près la cour d'appel, entre les avoués exerçant auprès d'une même cour et, en ce qui concerne les avoués près les tribunaux de grande instance, entre avoués exerçant auprès d'un même tribunal. Leur création ne peut en aucun cas avoir pour effet de réduire le nombre des offices d'avoués au-dessous de celui qui est nécessaire à une bonne administration de la justice dans le ressort de la juridiction considérée.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 2
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
Les dispositions du présent titre sont applicables aux sociétés titulaires d'un office d'avoué dans lequel les associés exercent en commun leur profession.
Ces sociétés reçoivent la dénomination de "société titulaire d'un office d'avoué" et les associés ont le titre d'"avoué associé" à l'exclusion de celui d'"avoué".
Elles peuvent être constituées, en ce qui concerne les avoués près la cour d'appel, entre les avoués exerçant auprès d'une même cour et, en ce qui concerne les avoués près les tribunaux de grande instance, entre avoués exerçant auprès d'un même tribunal. Leur création ne peut en aucun cas avoir pour effet de réduire le nombre des offices d'avoués au-dessous de celui qui est nécessaire à une bonne administration de la justice dans le ressort de la juridiction considérée.
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LEGIARTI000006200311_1
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LEGIARTI000006200311
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260c602153d7ba50
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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3
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Des personnes physiques titulaires d'offices d'avoués situés dans le ressort du même tribunal de grande instance en ce qui concerne les avoués près les tribunaux de grande instance, dans le ressort de la même cour d'appel en ce qui concerne les avoués près les cours d'appel, peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'avoué une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'avoué créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les autres associés ou certains d'entre eux sont titulaires étant simultanément supprimés ; c) Soit dans un office existant situé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés.
Une personne physique titulaire d'un office d'avoué peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'avoué une société civile professionnelle qui peut être nommée dans cet office.
Des personnes physiques remplissant les conditions requises pour exercer la profession d'avoué, mais qui ne sont pas titulaires d'un office d'avoué, peuvent constituer entre elles une société civile professionnelle qui peut être nommée avoué en remplacement du titulaire d'un office existant.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 3
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
Des personnes physiques titulaires d'offices d'avoués situés dans le ressort du même tribunal de grande instance en ce qui concerne les avoués près les tribunaux de grande instance, dans le ressort de la même cour d'appel en ce qui concerne les avoués près les cours d'appel, peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'avoué une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'avoué créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les autres associés ou certains d'entre eux sont titulaires étant simultanément supprimés ; c) Soit dans un office existant situé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés.
Une personne physique titulaire d'un office d'avoué peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'avoué une société civile professionnelle qui peut être nommée dans cet office.
Des personnes physiques remplissant les conditions requises pour exercer la profession d'avoué, mais qui ne sont pas titulaires d'un office d'avoué, peuvent constituer entre elles une société civile professionnelle qui peut être nommée avoué en remplacement du titulaire d'un office existant.
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LEGIARTI000006200313_1
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LEGIARTI000006200313
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7d9f44632cf2cafb
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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4
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1969-11-27
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1992-01-21
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Dans le cas prévu à l'article 2 du décret susvisé du 20 janvier 1950, où il n'a pu être pourvu à une vacance par le droit de présentation, une société civile professionnelle d'avoués peut être nommée titulaire d'un office vacant si l'un des associés a été classé premier à l'examen prévu par ledit décret.
Une telle société peut également être nommée titulaire d'un office créé si l'un au moins des associés remplit les conditions requises.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 4
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
Dans le cas prévu à l'article 2 du décret susvisé du 20 janvier 1950, où il n'a pu être pourvu à une vacance par le droit de présentation, une société civile professionnelle d'avoués peut être nommée titulaire d'un office vacant si l'un des associés a été classé premier à l'examen prévu par ledit décret.
Une telle société peut également être nommée titulaire d'un office créé si l'un au moins des associés remplit les conditions requises.
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LEGIARTI000006200315_1
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LEGIARTI000006200315
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e76a55cf0ff4825b
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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5
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1969-11-27
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1992-01-21
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La nomination d'une société civile professionnelle dans un office d'avoué et la nomination de chacun des associés en qualité d'avoué associé sont prononcées par arrêté du garde des sceaux, ministre de la justice, pris après les consultations prévues aux articles 7 et 8.
L'acceptation de la démission des avoués intéressés, la suppression ou la cession à la société des offices dont ils sont titulaires ainsi que la création éventuelle de l'office dont la société sera titulaire sont prononcées par le même arrêté.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 5
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
La nomination d'une société civile professionnelle dans un office d'avoué et la nomination de chacun des associés en qualité d'avoué associé sont prononcées par arrêté du garde des sceaux, ministre de la justice, pris après les consultations prévues aux articles 7 et 8.
L'acceptation de la démission des avoués intéressés, la suppression ou la cession à la société des offices dont ils sont titulaires ainsi que la création éventuelle de l'office dont la société sera titulaire sont prononcées par le même arrêté.
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LEGIARTI000006200317_1
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LEGIARTI000006200317
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13887d77d1dfaa0d
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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6
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La société est constituée sous la condition suspensive de son agrément et de sa nomination par le garde des sceaux, ministre de la justice.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 6
La société est constituée sous la condition suspensive de son agrément et de sa nomination par le garde des sceaux, ministre de la justice.
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LEGIARTI000006200319_1
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LEGIARTI000006200319
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afa28236117b0d29
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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7
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 13, art. 10", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Toute demande d'agrément et de nomination d'une société civile professionnelle d'avoué est présentée collectivement par les associés au garde des sceaux, ministre de la justice. Elle est adressée, avec toutes pièces justificatives, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance, en ce qui concerne les avoués près les cours d'appel, au procureur général près la cour d'appel dans le ressort desquels est ou doit être fixé le siège de l'office dont la société sera titulaire.
Dès réception de cette demande, le procureur de la République ou le procureur général en saisit respectivement la chambre régionale ou la chambre de discipline, par lettre recommandée avec demande d'avis de réception, et les invite à lui faire parvenir son avis motivé sur l'opportunité de nommer la société, sur la moralité et la valeur professionnelle des associés ainsi que, le cas échéant, sur :
a) La valeur des apports visés aux alinéas a, b et c de l'article 13 et effectués par les associés ou certains d'entre eux ;
b) Les avantages et inconvénients des suppressions ou créations d'offices sollicitées ;
c) L'opportunité d'autoriser la société à ouvrir des bureaux annexes prévus à l'article 10.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 7
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
Toute demande d'agrément et de nomination d'une société civile professionnelle d'avoué est présentée collectivement par les associés au garde des sceaux, ministre de la justice. Elle est adressée, avec toutes pièces justificatives, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance, en ce qui concerne les avoués près les cours d'appel, au procureur général près la cour d'appel dans le ressort desquels est ou doit être fixé le siège de l'office dont la société sera titulaire.
Dès réception de cette demande, le procureur de la République ou le procureur général en saisit respectivement la chambre régionale ou la chambre de discipline, par lettre recommandée avec demande d'avis de réception, et les invite à lui faire parvenir son avis motivé sur l'opportunité de nommer la société, sur la moralité et la valeur professionnelle des associés ainsi que, le cas échéant, sur :
a) La valeur des apports visés aux alinéas a, b et c de l'article 13 et effectués par les associés ou certains d'entre eux ;
b) Les avantages et inconvénients des suppressions ou créations d'offices sollicitées ;
c) L'opportunité d'autoriser la société à ouvrir des bureaux annexes prévus à l'article 10.
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LEGIARTI000006200321_1
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LEGIARTI000006200321
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95866443ac8b2267
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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8
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1969-11-27
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1992-01-21
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Huit jours au moins avant la date fixée pour sa délibération, la chambre saisie informe les intéressés qu'ils doivent soit par eux-mêmes, soit par un mandataire de leur choix, présenter, lors de cette délibération, toutes explications orales ou écrites relatives à la constitution de la société dont il s'agit.
En ce qui concerne les avoués près les tribunaux de grande instance, dans les quinze jours suivant sa saisine, la chambre régionale des avoués près les tribunaux de grande instance informe la chambre nationale des avoués près les tribunaux de grande instance du projet de constitution de société qui lui est soumis. Si quarante-cinq jours après sa saisine la chambre n'a pas adressé au procureur de la République l'avis qui lui a été demandé, il est passé outre et cet avis est tenu pour favorable.
Après réception de l'avis demandé à la chambre ou après expiration du délai fixé par l'alinéa précédent, le procureur de la République transmet au procureur général avec son rapport, l'ensemble des documents et pièces justificatives.
En ce qui concerne les avoués près les cours d'appel, dans les quinze jours suivant sa saisine, la chambre de discipline des avoués près la cour d'appel informe la chambre nationale des avoués près les cours d'appel du projet de constitution de société qui lui est soumis. Si quarante-cinq jours après sa saisine la chambre de discipline n'a pas adressé au procureur général l'avis qui lui a été donné, il est passé outre et cet avis est tenu pour favorable.
Après réception de l'avis de la chambre de discipline en ce qui concerne les avoués près les cours d'appel ou la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, ou après expiration du délai de quarante-cinq jours prévu aux alinéas 2 et 4 ci-dessus, le procureur général transmet au garde des sceaux, ministre de la justice, avec son rapport, l'ensemble des pièces et documents.
Au vu de ces pièces et documents, le garde des sceaux, ministre de la justice, s'il entend donner son agrément à la constitution de la société, prend l'arrêté prévu à l'article 5.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 8
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
Huit jours au moins avant la date fixée pour sa délibération, la chambre saisie informe les intéressés qu'ils doivent soit par eux-mêmes, soit par un mandataire de leur choix, présenter, lors de cette délibération, toutes explications orales ou écrites relatives à la constitution de la société dont il s'agit.
En ce qui concerne les avoués près les tribunaux de grande instance, dans les quinze jours suivant sa saisine, la chambre régionale des avoués près les tribunaux de grande instance informe la chambre nationale des avoués près les tribunaux de grande instance du projet de constitution de société qui lui est soumis. Si quarante-cinq jours après sa saisine la chambre n'a pas adressé au procureur de la République l'avis qui lui a été demandé, il est passé outre et cet avis est tenu pour favorable.
Après réception de l'avis demandé à la chambre ou après expiration du délai fixé par l'alinéa précédent, le procureur de la République transmet au procureur général avec son rapport, l'ensemble des documents et pièces justificatives.
En ce qui concerne les avoués près les cours d'appel, dans les quinze jours suivant sa saisine, la chambre de discipline des avoués près la cour d'appel informe la chambre nationale des avoués près les cours d'appel du projet de constitution de société qui lui est soumis. Si quarante-cinq jours après sa saisine la chambre de discipline n'a pas adressé au procureur général l'avis qui lui a été donné, il est passé outre et cet avis est tenu pour favorable.
Après réception de l'avis de la chambre de discipline en ce qui concerne les avoués près les cours d'appel ou la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, ou après expiration du délai de quarante-cinq jours prévu aux alinéas 2 et 4 ci-dessus, le procureur général transmet au garde des sceaux, ministre de la justice, avec son rapport, l'ensemble des pièces et documents.
Au vu de ces pièces et documents, le garde des sceaux, ministre de la justice, s'il entend donner son agrément à la constitution de la société, prend l'arrêté prévu à l'article 5.
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LEGIARTI000006200323_1
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LEGIARTI000006200323
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24a86ac3748f4735
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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9
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1969-11-27
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1992-01-21
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Il n'est dû aucune indemnisation à raison des suppressions et créations d'offices d'avoués intervenues au moment de la constitution de sociétés régies par le présent titre. La même règle est applicable dans le cas de nomination d'un nouvel associé antérieurement titulaire d'un office d'avoué et lors de la dissolution de ces sociétés.
Toutefois, la suppression de l'office dont la société est titulaire peut donner lieu à indemnisation lorsqu'aucun associé ne bénéficie d'une nomination dans un office créé en application des dispositions de l'article 26, dernier alinéa, de la loi précitée du 29 novembre 1966 et des articles 86 à 89 du présent décret.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 9
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
Il n'est dû aucune indemnisation à raison des suppressions et créations d'offices d'avoués intervenues au moment de la constitution de sociétés régies par le présent titre. La même règle est applicable dans le cas de nomination d'un nouvel associé antérieurement titulaire d'un office d'avoué et lors de la dissolution de ces sociétés.
Toutefois, la suppression de l'office dont la société est titulaire peut donner lieu à indemnisation lorsqu'aucun associé ne bénéficie d'une nomination dans un office créé en application des dispositions de l'article 26, dernier alinéa, de la loi précitée du 29 novembre 1966 et des articles 86 à 89 du présent décret.
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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10
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Décret 58-1282 1958-12-22 art. 15", "doc_id": "JORFTEXT000000670722", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000670722", "text_number": "58-1282", "link_direction": "source", "text_signature_date": "1958-12-22"}, {"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Le garde des sceaux, ministre de la justice, peut, dans l'arrêté de nomination de la société ou par arrêté ultérieur, autoriser la société, si les associés en font la demande, à ouvrir des bureaux annexes au siège de chacun ou de certains des offices supprimés.
Chaque bureau annexe est ouvert à dates fixes. La clientèle doit pouvoir y être reçue par un associé.
L'autorisation d'ouverture des bureaux annexes peut être rapportée par arrêté du garde des sceaux, ministre de la justice. Toutefois, l'avoué associé bénéficiaire, avant son entrée dans la société, des dispositions de l'article 15 (alinéa 2) du décret susvisé du 22 décembre 1958 peut conserver, à titre personnel, sa résidence actuelle en tant que bureau annexe de la société. Dans ce cas, le fonctionnement de ce bureau annexe n'est pas soumis aux limitations prévues aux alinéas qui précèdent.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 10
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Dispositions générales - Agrément et nomination.
Le garde des sceaux, ministre de la justice, peut, dans l'arrêté de nomination de la société ou par arrêté ultérieur, autoriser la société, si les associés en font la demande, à ouvrir des bureaux annexes au siège de chacun ou de certains des offices supprimés.
Chaque bureau annexe est ouvert à dates fixes. La clientèle doit pouvoir y être reçue par un associé.
L'autorisation d'ouverture des bureaux annexes peut être rapportée par arrêté du garde des sceaux, ministre de la justice. Toutefois, l'avoué associé bénéficiaire, avant son entrée dans la société, des dispositions de l'article 15 (alinéa 2) du décret susvisé du 22 décembre 1958 peut conserver, à titre personnel, sa résidence actuelle en tant que bureau annexe de la société. Dans ce cas, le fonctionnement de ce bureau annexe n'est pas soumis aux limitations prévues aux alinéas qui précèdent.
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DECRET
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section II : Statuts - Capital social - Parts sociales et parts d'industrie.
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13
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 10 (M)", "doc_id": "LEGIARTI000006290493", "number": "10", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 3", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Peuvent faire l'objet d'apports à une société titulaire d'un office d'avoué :
a) Le droit, par un avoué démissionnaire, de présenter la société pour successeur à l'agrément du garde des sceaux, ministre de la justice ;
b) Le droit, par un ou plusieurs ayants droit d'un avoué décédé, s'ils satisfont aux conditions requises pour exercer la profession d'avoué, de présenter la société pour successeur de leur auteur à l'agrément du garde des sceaux, ministre de la justice ;
c) Le bénéfice résultant pour la société de la suppression de l'office d'avoué qui démissionne, dans les cas prévus à l'article 3, alinéas 1 et 2, ci-dessus ;
d) Tous droits incorporels, mobiliers ou immobiliers, tous meubles et immeubles utiles à l'exercice de la profession d'avoué ;
e) Toutes sommes en numéraire ;
f) L'industrie des associés, laquelle, en vertu de l'article 10 de la loi susvisée du 29 novembre 1966, ne concourt pas à la formation du capital mais peut donner lieu à l'attribution de parts d'intérêt.
L'évaluation des apports visés aux a, b et c ci-dessus est soumise à l'approbation du garde des sceaux, ministre de la justice.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 13
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Statuts - Capital social - Parts sociales et parts d'industrie.
Peuvent faire l'objet d'apports à une société titulaire d'un office d'avoué :
a) Le droit, par un avoué démissionnaire, de présenter la société pour successeur à l'agrément du garde des sceaux, ministre de la justice ;
b) Le droit, par un ou plusieurs ayants droit d'un avoué décédé, s'ils satisfont aux conditions requises pour exercer la profession d'avoué, de présenter la société pour successeur de leur auteur à l'agrément du garde des sceaux, ministre de la justice ;
c) Le bénéfice résultant pour la société de la suppression de l'office d'avoué qui démissionne, dans les cas prévus à l'article 3, alinéas 1 et 2, ci-dessus ;
d) Tous droits incorporels, mobiliers ou immobiliers, tous meubles et immeubles utiles à l'exercice de la profession d'avoué ;
e) Toutes sommes en numéraire ;
f) L'industrie des associés, laquelle, en vertu de l'article 10 de la loi susvisée du 29 novembre 1966, ne concourt pas à la formation du capital mais peut donner lieu à l'attribution de parts d'intérêt.
L'évaluation des apports visés aux a, b et c ci-dessus est soumise à l'approbation du garde des sceaux, ministre de la justice.
|
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LEGIARTI000006200334_1
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LEGIARTI000006200334
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0738c685c30df31a
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section II : Statuts - Capital social - Parts sociales et parts d'industrie.
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14
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Les parts sociales ne peuvent être données en nantissement.
Le montant nominal des parts sociales ne peut être inférieur à mille francs.
Les parts d'intérêt correspondant aux apports en industrie sont incessibles et doivent être annulées lorsque leur titulaire quitte la société pour quelque cause que ce soit, y compris la dissolution de celle-ci.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 14
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Statuts - Capital social - Parts sociales et parts d'industrie.
Les parts sociales ne peuvent être données en nantissement.
Le montant nominal des parts sociales ne peut être inférieur à mille francs.
Les parts d'intérêt correspondant aux apports en industrie sont incessibles et doivent être annulées lorsque leur titulaire quitte la société pour quelque cause que ce soit, y compris la dissolution de celle-ci.
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LEGIARTI000006200337_1
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LEGIARTI000006200337
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dda875d15446cb2a
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section III : Publicité - Entrée en fonctions.
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16
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Dans le délai de quinze jours qui suit la publication de l'arrêté de nomination de la société, l'un des originaux de l'acte constitutif, s'il est sous seing privé, ou une expédition de cet acte, s'il a été établi en la forme authentique, est déposé au greffe du tribunal de grande instance dans le ressort duquel est fixé le siège social, à la diligence d'un gérant, et versé à un dossier ouvert par le greffier au nom de la société.
Jusqu'à l'accomplissement de cette formalité, les dispositions des statuts sont inopposables aux tiers qui peuvent toutefois s'en prévaloir.
Tout intéressé peut se faire délivrer à ses frais par le greffier, un extrait des statuts contenant à l'exclusion de toutes autres indications, l'identité des associés, l'adresse du siège de l'office dont la société est titulaire, la raison sociale, la durée pour laquelle la société a été constituée, les clauses relatives aux pouvoirs des associés, à la responsabilité pécuniaire de ceux-ci et à la dissolution de la société.
Un exemplaire des statuts devra être déposé dans le délai visé à l'alinéa 1 du présent article aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre nationale des avoués près les cours d'appel en ce qui concerne les avoués près les cours d'appel.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 16
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Publicité - Entrée en fonctions.
Dans le délai de quinze jours qui suit la publication de l'arrêté de nomination de la société, l'un des originaux de l'acte constitutif, s'il est sous seing privé, ou une expédition de cet acte, s'il a été établi en la forme authentique, est déposé au greffe du tribunal de grande instance dans le ressort duquel est fixé le siège social, à la diligence d'un gérant, et versé à un dossier ouvert par le greffier au nom de la société.
Jusqu'à l'accomplissement de cette formalité, les dispositions des statuts sont inopposables aux tiers qui peuvent toutefois s'en prévaloir.
Tout intéressé peut se faire délivrer à ses frais par le greffier, un extrait des statuts contenant à l'exclusion de toutes autres indications, l'identité des associés, l'adresse du siège de l'office dont la société est titulaire, la raison sociale, la durée pour laquelle la société a été constituée, les clauses relatives aux pouvoirs des associés, à la responsabilité pécuniaire de ceux-ci et à la dissolution de la société.
Un exemplaire des statuts devra être déposé dans le délai visé à l'alinéa 1 du présent article aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre nationale des avoués près les cours d'appel en ce qui concerne les avoués près les cours d'appel.
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LEGIARTI000006200339_1
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LEGIARTI000006200339
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6a4f0118629b7199
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre Ier : Constitution de la société - Section III : Publicité - Entrée en fonctions.
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17
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1969-11-27
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1992-01-21
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Les dispositions de l'article 31 de la loi du 22 ventôse an XII relative à la prestation de serment sont applicables aux avoués associés.
La société entre en fonctions dès la prestation de serment de l'un des associés.
Tout avoué associé n'a le droit d'exercer ses fonctions qu'à compter du jour de sa prestation de serment.
Si, sans motif reconnu valable, il ne prête pas serment dans le mois suivant la publication de l'arrêté prévu à l'article 5 (alinéa 1), il est déchu, par arrêté du garde des sceaux, ministre de la justice, de sa qualité d'avoué associé et ses parts sociales sont cédées dans les conditions fixées à l'article 32 du présent décret.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 17
Des sociétés titulaires d'un office d'avoué - Constitution de la société - Publicité - Entrée en fonctions.
Les dispositions de l'article 31 de la loi du 22 ventôse an XII relative à la prestation de serment sont applicables aux avoués associés.
La société entre en fonctions dès la prestation de serment de l'un des associés.
Tout avoué associé n'a le droit d'exercer ses fonctions qu'à compter du jour de sa prestation de serment.
Si, sans motif reconnu valable, il ne prête pas serment dans le mois suivant la publication de l'arrêté prévu à l'article 5 (alinéa 1), il est déchu, par arrêté du garde des sceaux, ministre de la justice, de sa qualité d'avoué associé et ses parts sociales sont cédées dans les conditions fixées à l'article 32 du présent décret.
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LEGIARTI000006200343_1
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LEGIARTI000006200343
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6ee68d32c65d886c
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section I : Administration de la société - Paragraphe 2 : Assemblées.
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20
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Toute délibération fait l'objet d'un procès-verbal signé par les associés présents et contenant notamment : la date et le lieu de la réunion, son ordre du jour détaillé, l'identité des associés présents ou représentés, un résumé des débats, le texte des résolutions mises aux voix et le résultat des votes.
Les procès-verbaux sont établis sur un registre spécial qui doit être conservé au siège de l'office dont la société est titulaire qui est préalablement coté et paraphé par le président du tribunal de grande instance ou l'un des magistrats de ce tribunal désigné par lui.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 20
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Administration de la société - Assemblées.
Toute délibération fait l'objet d'un procès-verbal signé par les associés présents et contenant notamment : la date et le lieu de la réunion, son ordre du jour détaillé, l'identité des associés présents ou représentés, un résumé des débats, le texte des résolutions mises aux voix et le résultat des votes.
Les procès-verbaux sont établis sur un registre spécial qui doit être conservé au siège de l'office dont la société est titulaire qui est préalablement coté et paraphé par le président du tribunal de grande instance ou l'un des magistrats de ce tribunal désigné par lui.
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LEGIARTI000006200349_1
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LEGIARTI000006200349
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08d7952716b6d089
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section I : Administration de la société - Paragraphe 2 : Assemblées.
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25
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Après clôture de chaque exercice, le gérant ou l'un des gérants établit, dans les conditions fixées par les statuts, les comptes annuels de la société et un rapport sur les résultats de la société. Dans les deux mois qui suivent la clôture de l'exercice, les documents visés à l'alinéa précédent sont soumis à l'approbation de l'assemblée des associés.
A cette fin ils sont adressés, à chaque associé, avec le texte des résolutions proposées, quinze jours au moins avant la réunion de l'assemblée, et au plus tard, avec la convocation à cette assemblée.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 25
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Administration de la société - Assemblées.
Après clôture de chaque exercice, le gérant ou l'un des gérants établit, dans les conditions fixées par les statuts, les comptes annuels de la société et un rapport sur les résultats de la société. Dans les deux mois qui suivent la clôture de l'exercice, les documents visés à l'alinéa précédent sont soumis à l'approbation de l'assemblée des associés.
A cette fin ils sont adressés, à chaque associé, avec le texte des résolutions proposées, quinze jours au moins avant la réunion de l'assemblée, et au plus tard, avec la convocation à cette assemblée.
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LEGIARTI000006200352_1
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LEGIARTI000006200352
| 1
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e22b0384ff3ff104
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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27
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1969-11-27
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1992-01-21
| null |
[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 14", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Code civil - art. 1690 (V)", "doc_id": "LEGIARTI000006442487", "number": "1690", "category": "CODE", "link_type": "CITATION", "text_doc_id": "LEGITEXT000006070721", "text_number": "", "link_direction": "source", "text_signature_date": "2999-01-01"}]
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Toute convention par laquelle l'un des associés cède, sous réserve des dispositions de l'article 14 (alinéa 3), la totalité ou une fraction de ses parts sociales à un tiers étranger à la société est passée sous la condition suspensive de l'agrément du cessionnaire et, s'il y a lieu, de l'approbation du retrait du cédant, prononcés par arrêté du garde des sceaux, ministre de la justice.
Le projet de cession de parts sociales est notifié à la société et à chacun des associés soit dans les formes prévues à l'article 1690 du Code civil, soit par lettre recommandée avec demande d'avis de réception.
Si la société a, dans la même forme, notifié son consentement exprès à la cession, ou si elle n'a pas fait connaître sa décision tant au cédant qu'au cessionnaire dans le délai de deux mois à compter de la dernière des notifications prévues à l'alinéa 2 ci-dessus, le cessionnaire adresse au garde des sceaux, ministre de la justice, une requête tendant à sa nomination en qualité d'avoué associé.
Cette requête est remise, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance auquel est rattachée la société, en ce qui concerne les avoués près les cours d'appel, au procureur général près la cour d'appel à laquelle est rattachée la société.
Elle est accompagnée de l'expédition ou de la copie certifiée conforme de l'acte de cession des parts sociales, ainsi que de toutes pièces justificatives, notamment de celles qui établissent le consentement exprès ou tacite donné par la société à la cession, sans préjudice de celles exigées de tout candidat aux fonctions d'avoué. Dès réception de la requête susvisée, le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance saisit la chambre régionale des avoués, le procureur général en ce qui concerne les avoués près les cours d'appel saisit la chambre de discipline, par lettre recommandée avec demande d'avis de réception, et les invite à lui faire parvenir leur avis motivé sur la moralité et la valeur professionnelle du cessionnaire, sur l'opportunité de faire droit à sa requête, ainsi que sur le montant du prix de cession stipulé.
Ce prix et ses modalités de paiement sont fixés par les parties sous le contrôle du garde des sceaux, ministre de la justice.
Dans un délai de quinze jours, la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, la chambre de discipline en ce qui concerne les avoués près les cours d'appel, informe les chambres nationales de la demande d'avis.
Si quarante-cinq jours après leur saisine les chambres n'ont pas adressé au procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, au procureur général en ce qui concerne les avoués près les cours d'appel, les avis qui leur ont été demandés, il est passé outre et ces avis sont tenus pour favorables. Après réception des avis susvisés ou après expiration du délai imparti aux chambres pour faire connaître leur avis, le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général en ce qui concerne les avoués près les cours d'appel, transmet au garde des sceaux, ministre de la justice, avec son rapport l'ensemble des pièces énoncées au présent article.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 27
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Toute convention par laquelle l'un des associés cède, sous réserve des dispositions de l'article 14 (alinéa 3), la totalité ou une fraction de ses parts sociales à un tiers étranger à la société est passée sous la condition suspensive de l'agrément du cessionnaire et, s'il y a lieu, de l'approbation du retrait du cédant, prononcés par arrêté du garde des sceaux, ministre de la justice.
Le projet de cession de parts sociales est notifié à la société et à chacun des associés soit dans les formes prévues à l'article 1690 du Code civil, soit par lettre recommandée avec demande d'avis de réception.
Si la société a, dans la même forme, notifié son consentement exprès à la cession, ou si elle n'a pas fait connaître sa décision tant au cédant qu'au cessionnaire dans le délai de deux mois à compter de la dernière des notifications prévues à l'alinéa 2 ci-dessus, le cessionnaire adresse au garde des sceaux, ministre de la justice, une requête tendant à sa nomination en qualité d'avoué associé.
Cette requête est remise, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance auquel est rattachée la société, en ce qui concerne les avoués près les cours d'appel, au procureur général près la cour d'appel à laquelle est rattachée la société.
Elle est accompagnée de l'expédition ou de la copie certifiée conforme de l'acte de cession des parts sociales, ainsi que de toutes pièces justificatives, notamment de celles qui établissent le consentement exprès ou tacite donné par la société à la cession, sans préjudice de celles exigées de tout candidat aux fonctions d'avoué. Dès réception de la requête susvisée, le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance saisit la chambre régionale des avoués, le procureur général en ce qui concerne les avoués près les cours d'appel saisit la chambre de discipline, par lettre recommandée avec demande d'avis de réception, et les invite à lui faire parvenir leur avis motivé sur la moralité et la valeur professionnelle du cessionnaire, sur l'opportunité de faire droit à sa requête, ainsi que sur le montant du prix de cession stipulé.
Ce prix et ses modalités de paiement sont fixés par les parties sous le contrôle du garde des sceaux, ministre de la justice.
Dans un délai de quinze jours, la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, la chambre de discipline en ce qui concerne les avoués près les cours d'appel, informe les chambres nationales de la demande d'avis.
Si quarante-cinq jours après leur saisine les chambres n'ont pas adressé au procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, au procureur général en ce qui concerne les avoués près les cours d'appel, les avis qui leur ont été demandés, il est passé outre et ces avis sont tenus pour favorables. Après réception des avis susvisés ou après expiration du délai imparti aux chambres pour faire connaître leur avis, le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général en ce qui concerne les avoués près les cours d'appel, transmet au garde des sceaux, ministre de la justice, avec son rapport l'ensemble des pièces énoncées au présent article.
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LEGIARTI000006200354_1
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LEGIARTI000006200354
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e548caa1497fa8bc
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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28
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 19 (M)", "doc_id": "LEGIARTI000006290544", "number": "19", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 27, art. 29", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Dans le cas où la société refuse de consentir à la cession, elle dispose d'un délai d'un an à compter de la notification de son refus dans l'une des formes prévues à l'article 27 pour notifier dans la même forme à l'associé qui a fait connaître son intention de céder ses parts sociales et conformément aux dispositions de l'article 19 (alinéa 3) de la loi précitée du 29 novembre 1966 un projet de cession ou de rachat de celles-ci qui constitue engagement du cessionnaire ou de la société qui se porte acquéreur.
Ce délai peut être prorogé de trois mois par le garde des sceaux, ministre de la justice, à la demande de tous les associés, y compris le cédant.
Si l'acquéreur est un tiers étranger à la société, les dispositions de l'article 27 sont applicables, à l'exception de celles concernant la notification à la société elle-même et de celles de l'alinéa 3 dudit article. La requête du cessionnaire doit être remise en ce qui concerne les avoués près les tribunaux de grande instance au procureur de la République, en ce qui concerne les avoués près les cours d'appel au procureur général avant l'expiration du délai susvisé.
Si les parties n'ont pu convenir du prix de cession, conformément aux dispositions de l'article 27 (alinéa 7), ce prix est fixé par le garde des sceaux, ministre de la justice, après avis de la chambre régionale, en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline, en ce qui concerne les avoués près les cours d'appel.
Le cessionnaire prend par écrit l'engagement de payer le prix
fixé ; son engagement est joint à sa requête et une copie du projet d'acte de cession tient lieu de l'expédition ou de la copie certifiée conforme de cet acte visé à l'article 27 (alinéa 5).
Si les parts sociales sont acquises par la société, par les associés ou l'un ou plusieurs d'entre eux, il est procédé conformément à l'article 29. En ce cas, l'expédition ou la copie certifiée conforme de l'acte de cession est adressée au procureur de la République, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur général, en ce qui concerne les avoués près les cours d'appel, avant l'expiration du délai prévu aux alinéas 1er et 2 ci-dessus.
Lorsque l'associé cédant refuse de signer l'acte portant cession de ses parts à un tiers, à la société ou à ses coassociés, il est passé outre à son refus deux mois après la sommation, dans l'une des formes prévues à l'article 27, à lui faite par la société et demeurée infructueuse. Son retrait de la société est prononcé par arrêté du garde des sceaux, ministre de la justice, et le prix de cession des parts est consigné à la diligence du cessionnaire.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 28
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Dans le cas où la société refuse de consentir à la cession, elle dispose d'un délai d'un an à compter de la notification de son refus dans l'une des formes prévues à l'article 27 pour notifier dans la même forme à l'associé qui a fait connaître son intention de céder ses parts sociales et conformément aux dispositions de l'article 19 (alinéa 3) de la loi précitée du 29 novembre 1966 un projet de cession ou de rachat de celles-ci qui constitue engagement du cessionnaire ou de la société qui se porte acquéreur.
Ce délai peut être prorogé de trois mois par le garde des sceaux, ministre de la justice, à la demande de tous les associés, y compris le cédant.
Si l'acquéreur est un tiers étranger à la société, les dispositions de l'article 27 sont applicables, à l'exception de celles concernant la notification à la société elle-même et de celles de l'alinéa 3 dudit article. La requête du cessionnaire doit être remise en ce qui concerne les avoués près les tribunaux de grande instance au procureur de la République, en ce qui concerne les avoués près les cours d'appel au procureur général avant l'expiration du délai susvisé.
Si les parties n'ont pu convenir du prix de cession, conformément aux dispositions de l'article 27 (alinéa 7), ce prix est fixé par le garde des sceaux, ministre de la justice, après avis de la chambre régionale, en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline, en ce qui concerne les avoués près les cours d'appel.
Le cessionnaire prend par écrit l'engagement de payer le prix
fixé ; son engagement est joint à sa requête et une copie du projet d'acte de cession tient lieu de l'expédition ou de la copie certifiée conforme de cet acte visé à l'article 27 (alinéa 5).
Si les parts sociales sont acquises par la société, par les associés ou l'un ou plusieurs d'entre eux, il est procédé conformément à l'article 29. En ce cas, l'expédition ou la copie certifiée conforme de l'acte de cession est adressée au procureur de la République, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur général, en ce qui concerne les avoués près les cours d'appel, avant l'expiration du délai prévu aux alinéas 1er et 2 ci-dessus.
Lorsque l'associé cédant refuse de signer l'acte portant cession de ses parts à un tiers, à la société ou à ses coassociés, il est passé outre à son refus deux mois après la sommation, dans l'une des formes prévues à l'article 27, à lui faite par la société et demeurée infructueuse. Son retrait de la société est prononcé par arrêté du garde des sceaux, ministre de la justice, et le prix de cession des parts est consigné à la diligence du cessionnaire.
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LEGIARTI000006200356_1
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LEGIARTI000006200356
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9c13ec798a8b6fcd
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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29
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 27, art. 28", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Toute convention par laquelle un des associés cède tout ou partie de ses parts sociales à la société, aux autres associés ou à l'un ou plusieurs d'entre eux est portée à la connaissance du garde des sceaux, ministre de la justice, par le ou les cessionnaires.
Si l'associé cède la totalité de ses parts, son retrait de la société est prononcé par arrêté du garde des sceaux, ministre de la justice.
Dans tous les cas, l'expédition ou la copie certifiée conforme de l'acte de cession est adressée, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance auquel est rattachée la société, en ce qui concerne les avoués près les cours d'appel, au procureur général près la cour d'appel à laquelle est rattachée la société.
Elle est accompagnée de toutes pièces justificatives comprenant, le cas échéant, la délibération de l'assemblée des associés ayant décidé la réduction du capital social.
Dès réception des pièces visées aux alinéas 3 et 4 ci-dessus, le procureur de la République, en ce qui concerne les avoués près les tribunaux de grande instance, saisit la chambre régionale des avoués, le procureur général, en ce qui concerne les avoués près les cours d'appel, saisit la chambre de discipline par lettre recommandée avec demande d'avis de réception et l'invite à lui faire parvenir son avis motivé sur la valeur des parts faisant l'objet de la cession.
Pour le surplus, les dispositions de l'article 27 (alinéas 7, 8, 9 et 10) et celles de l'article 28 (alinéas 4 et 5) reçoivent application.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 29
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Toute convention par laquelle un des associés cède tout ou partie de ses parts sociales à la société, aux autres associés ou à l'un ou plusieurs d'entre eux est portée à la connaissance du garde des sceaux, ministre de la justice, par le ou les cessionnaires.
Si l'associé cède la totalité de ses parts, son retrait de la société est prononcé par arrêté du garde des sceaux, ministre de la justice.
Dans tous les cas, l'expédition ou la copie certifiée conforme de l'acte de cession est adressée, en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance auquel est rattachée la société, en ce qui concerne les avoués près les cours d'appel, au procureur général près la cour d'appel à laquelle est rattachée la société.
Elle est accompagnée de toutes pièces justificatives comprenant, le cas échéant, la délibération de l'assemblée des associés ayant décidé la réduction du capital social.
Dès réception des pièces visées aux alinéas 3 et 4 ci-dessus, le procureur de la République, en ce qui concerne les avoués près les tribunaux de grande instance, saisit la chambre régionale des avoués, le procureur général, en ce qui concerne les avoués près les cours d'appel, saisit la chambre de discipline par lettre recommandée avec demande d'avis de réception et l'invite à lui faire parvenir son avis motivé sur la valeur des parts faisant l'objet de la cession.
Pour le surplus, les dispositions de l'article 27 (alinéas 7, 8, 9 et 10) et celles de l'article 28 (alinéas 4 et 5) reçoivent application.
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LEGIARTI000006200358_1
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LEGIARTI000006200358
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1dc5bc92556996d5
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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30
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1969-11-27
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1992-01-21
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Les articles 27, 28 et 29 sont également applicables à la cession à titre gratuit de tout ou partie de ses parts sociales consentie par l'un des associés.
Les parts sociales cédées à titre gratuit font l'objet d'une évaluation soumise à l'avis des chambres ainsi qu'au contrôle du garde des sceaux, ministre de la justice.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 30
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Les articles 27, 28 et 29 sont également applicables à la cession à titre gratuit de tout ou partie de ses parts sociales consentie par l'un des associés.
Les parts sociales cédées à titre gratuit font l'objet d'une évaluation soumise à l'avis des chambres ainsi qu'au contrôle du garde des sceaux, ministre de la justice.
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LEGIARTI000006200360_1
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LEGIARTI000006200360
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6d9a893455183533
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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31
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 21 (V)", "doc_id": "LEGIARTI000006290549", "number": "21", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 27, art. 28, art. 29", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Lorsqu'un associé demande son retrait en application de l'article 21 de la loi précitée du 29 novembre 1966, il notifie sa demande de retrait à la société dans l'une des formes prévues à l'article 27.
La société dispose d'une année à compter de cette notification pour notifier elle-même à l'associé, dans la même forme, le projet de cession ou de rachat de ses parts, qui constitue engagement du cessionnaire ou de la société qui se porte acquéreur.
Le délai prévu par l'alinéa précédent peut être renouvelé par le garde des sceaux, ministre de la justice, à la demande de tous les associés, y compris l'associé cédant.
Si la cession est consentie à un tiers étranger à la société, il est procédé conformément aux dispositions de l'article 27, à l'exception de la notification à la société elle-même, et aux dispositions de l'article 28 (alinéas 4, 5 et 7).
Si les parts sociales sont acquises par la société, par les associés ou l'un ou plusieurs d'entre eux, les dispositions de l'article 29 et celles de l'article 28 (alinéa 7) reçoivent application.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 31
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Lorsqu'un associé demande son retrait en application de l'article 21 de la loi précitée du 29 novembre 1966, il notifie sa demande de retrait à la société dans l'une des formes prévues à l'article 27.
La société dispose d'une année à compter de cette notification pour notifier elle-même à l'associé, dans la même forme, le projet de cession ou de rachat de ses parts, qui constitue engagement du cessionnaire ou de la société qui se porte acquéreur.
Le délai prévu par l'alinéa précédent peut être renouvelé par le garde des sceaux, ministre de la justice, à la demande de tous les associés, y compris l'associé cédant.
Si la cession est consentie à un tiers étranger à la société, il est procédé conformément aux dispositions de l'article 27, à l'exception de la notification à la société elle-même, et aux dispositions de l'article 28 (alinéas 4, 5 et 7).
Si les parts sociales sont acquises par la société, par les associés ou l'un ou plusieurs d'entre eux, les dispositions de l'article 29 et celles de l'article 28 (alinéa 7) reçoivent application.
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LEGIARTI000006200364_1
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LEGIARTI000006200364
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a36dcb8e0368c795
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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33
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1969-11-27
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1992-01-21
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Sous réserve des règles de protection et de représentation des incapables, les dispositions de l'article précédent sont applicables à la cession des parts sociales de l'associé frappé d'interdiction légale ou judiciaire. Toutefois, dans ce cas, le délai de six mois est porté à un an.
Elles sont également applicables à la cession des parts sociales de l'associé dont l'exclusion de la société a été décidée dans le cas de condamnation prévu à l'article 56.
Le délai imparti à l'associé exclu pour céder ses parts à un tiers court à compter du jour où la décision des autres associés prononçant son exclusion lui a été notifiée dans l'une des formes prévues à l'article 27.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 33
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Sous réserve des règles de protection et de représentation des incapables, les dispositions de l'article précédent sont applicables à la cession des parts sociales de l'associé frappé d'interdiction légale ou judiciaire. Toutefois, dans ce cas, le délai de six mois est porté à un an.
Elles sont également applicables à la cession des parts sociales de l'associé dont l'exclusion de la société a été décidée dans le cas de condamnation prévu à l'article 56.
Le délai imparti à l'associé exclu pour céder ses parts à un tiers court à compter du jour où la décision des autres associés prononçant son exclusion lui a été notifiée dans l'une des formes prévues à l'article 27.
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LEGIARTI000006200368_1
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LEGIARTI000006200368
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b723df8fcc9e33a5
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 2 : Cessions après décès d'un associé.
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36
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1969-11-27
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1992-01-21
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Toute demande d'un ou de plusieurs ayants droit d'un associé décédé tendant à l'attribution préférentielle à leur profit des parts sociales de leur auteur est notifiée à la société et à chacun des associés dans l'une des formes prévues à l'article 27.
Les modalités de cette attribution sont régies pour le surplus par les dispositions de l'article 27 et, le cas échéant, par celles de l'article 28 (alinéas 4, 5 et 7).
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 36
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions après décès d'un associé.
Toute demande d'un ou de plusieurs ayants droit d'un associé décédé tendant à l'attribution préférentielle à leur profit des parts sociales de leur auteur est notifiée à la société et à chacun des associés dans l'une des formes prévues à l'article 27.
Les modalités de cette attribution sont régies pour le surplus par les dispositions de l'article 27 et, le cas échéant, par celles de l'article 28 (alinéas 4, 5 et 7).
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LEGIARTI000006200370_1
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LEGIARTI000006200370
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e2625e24e05a549d
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 2 : Cessions après décès d'un associé.
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37
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 27, art. 28, art. 29, art. 34", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Lorsqu'à l'expiration du délai prévu à l'article 34 le ou les ayants droit de l'associé décédé n'ont pas exercé la faculté de céder les parts sociales de leur auteur et si aucun consentement préalable à l'attribution préférentielle n'a été donné par la société, celle-ci dispose d'une année pour acquérir ou faire acquérir les parts sociales de l'associé décédé. Ce délai peut être prorogé de trois mois par le garde des sceaux, ministre de la justice, à la demande de tous les intéressés.
Si les parts sociales sont cédées à un tiers, les dispositions de l'article 27 et celles de l'article 28 (alinéas 4, 5 et 7) sont applicables.
Si elles sont acquises par la société, les associés ou certains d'entre eux, il est procédé conformément aux dispositions des articles 28 (alinéa 6) et 29.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 37
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions après décès d'un associé.
Lorsqu'à l'expiration du délai prévu à l'article 34 le ou les ayants droit de l'associé décédé n'ont pas exercé la faculté de céder les parts sociales de leur auteur et si aucun consentement préalable à l'attribution préférentielle n'a été donné par la société, celle-ci dispose d'une année pour acquérir ou faire acquérir les parts sociales de l'associé décédé. Ce délai peut être prorogé de trois mois par le garde des sceaux, ministre de la justice, à la demande de tous les intéressés.
Si les parts sociales sont cédées à un tiers, les dispositions de l'article 27 et celles de l'article 28 (alinéas 4, 5 et 7) sont applicables.
Si elles sont acquises par la société, les associés ou certains d'entre eux, il est procédé conformément aux dispositions des articles 28 (alinéa 6) et 29.
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LEGIARTI000006200372_1
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LEGIARTI000006200372
| 1
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67eabd3eec369dbe
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 3 : Publicité.
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38
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1969-11-27
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1992-01-21
| null |
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Si l'acte portant cession de parts sociales est établi en la forme sous seing privé, il est dressé autant d'originaux qu'il est nécessaire pour la remise d'un exemplaire à chaque partie et pour satisfaire aux dispositions des articles 27 (alinéa 5), 29 (alinéa 3) et à celles du présent article.
A la diligence du cessionnaire, mais postérieurement à la prestation de serment exigée le cas échéant de celui-ci, un des originaux de l'acte de cession de parts, s'il est sous seing privé, ou une expédition de cet acte, s'il a été établi en la forme authentique, est déposé au greffe pour être versé au dossier ouvert au nom de la société.
Jusqu'à l'accomplissement de la formalité prévue à l'alinéa 2 ci-dessus, la cession des parts est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
Un exemplaire de l'acte de cession de parts est déposé aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
Dans le cas où il y a lieu à réduction du capital social en application de l'article 21 de la loi susvisée du 29 novembre 1966, un des originaux ou une expédition de l'acte modifiant les statuts de la société est déposé au greffe, à la diligence du gérant, pour être versé au dossier.
Tout intéressé peut obtenir à ses frais la délivrance par le greffier d'un extrait de l'acte de cession et, le cas échéant, de l'acte modifiant les statuts contenant, à l'exclusion de toutes autres indications, celles visées à l'article 16 (alinéa 3).
Un exemplaire de l'acte modifiant les statuts de la société est déposé aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 38
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Publicité.
Si l'acte portant cession de parts sociales est établi en la forme sous seing privé, il est dressé autant d'originaux qu'il est nécessaire pour la remise d'un exemplaire à chaque partie et pour satisfaire aux dispositions des articles 27 (alinéa 5), 29 (alinéa 3) et à celles du présent article.
A la diligence du cessionnaire, mais postérieurement à la prestation de serment exigée le cas échéant de celui-ci, un des originaux de l'acte de cession de parts, s'il est sous seing privé, ou une expédition de cet acte, s'il a été établi en la forme authentique, est déposé au greffe pour être versé au dossier ouvert au nom de la société.
Jusqu'à l'accomplissement de la formalité prévue à l'alinéa 2 ci-dessus, la cession des parts est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
Un exemplaire de l'acte de cession de parts est déposé aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
Dans le cas où il y a lieu à réduction du capital social en application de l'article 21 de la loi susvisée du 29 novembre 1966, un des originaux ou une expédition de l'acte modifiant les statuts de la société est déposé au greffe, à la diligence du gérant, pour être versé au dossier.
Tout intéressé peut obtenir à ses frais la délivrance par le greffier d'un extrait de l'acte de cession et, le cas échéant, de l'acte modifiant les statuts contenant, à l'exclusion de toutes autres indications, celles visées à l'article 16 (alinéa 3).
Un exemplaire de l'acte modifiant les statuts de la société est déposé aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
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14759a1d0852a552
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 3 : Publicité.
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39
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 5, art. 27 à 33, art. 35 à 37", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
|
Chacun des arrêtés pris pour l'application des articles 27 à 33 et 35 à 37 ci-dessus modifie ou complète l'arrêté prévu à l'article 5. Il fixe la liste des avoués associés en tenant compte du retrait ou de la nomination de certains d'entre eux.
A la diligence du procureur de la République ou du procureur général, une copie de chacun des arrêtés susvisés est déposée au greffe pour être versée au dossier.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 39
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Cessions et transmissions de parts sociales - Publicité.
Chacun des arrêtés pris pour l'application des articles 27 à 33 et 35 à 37 ci-dessus modifie ou complète l'arrêté prévu à l'article 5. Il fixe la liste des avoués associés en tenant compte du retrait ou de la nomination de certains d'entre eux.
A la diligence du procureur de la République ou du procureur général, une copie de chacun des arrêtés susvisés est déposée au greffe pour être versée au dossier.
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LEGIARTI000006200377_1
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LEGIARTI000006200377
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05adefc4e7940fea
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section III : Nomination de nouveaux avoués associés - Augmentation du capital social - Prorogation de la société.
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41
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 27", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Si le nouvel associé entre dans la société en acquérant des parts sociales dont les associés ou l'un ou certains de ceux-ci sont titulaires, il est procédé conformément à l'article 27.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 41
Si le nouvel associé entre dans la société en acquérant des parts sociales dont les associés ou l'un ou certains de ceux-ci sont titulaires, il est procédé conformément à l'article 27.
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LEGIARTI000006200379_1
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LEGIARTI000006200379
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09ed7a8a20edea46
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section III : Nomination de nouveaux avoués associés - Augmentation du capital social - Prorogation de la société.
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42
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1969-11-27
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1992-01-21
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Si la nomination du nouvel associé intervient à l'occasion d'une augmentation du capital social, les dispositions des articles 5, 7, 8, 9 (alinéa 1er), 10, 11 et 17 sont applicables.
La décision d'augmenter le capital social est prise sous la condition suspensive de l'agrément du nouvel associé par le garde des sceaux, ministre de la justice.
Un des originaux de l'acte modificatif des statuts, si celui-ci est sous seing privé, ou une expédition de cet acte, s'il a été établi en la forme authentique, est déposé au greffe par le gérant, dans le délai de quinze jours à compter de la publication de l'arrêté de nomination des nouveaux associés et versé au dossier.
A la diligence du procureur de la République ou du procureur général, une copie des arrêtés portant nomination des nouveaux avoués associés est versée à ce dossier.
Un des exemplaires de l'acte modificatif des statuts est déposé dans le délai fixé à l'alinéa 3 aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
Jusqu'à l'accomplissement de la formalité prévue à l'alinéa 3 ci-dessus, la modification des statuts est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 42
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Nomination de nouveaux avoués associés - Augmentation du capital social - Prorogation de la société.
Si la nomination du nouvel associé intervient à l'occasion d'une augmentation du capital social, les dispositions des articles 5, 7, 8, 9 (alinéa 1er), 10, 11 et 17 sont applicables.
La décision d'augmenter le capital social est prise sous la condition suspensive de l'agrément du nouvel associé par le garde des sceaux, ministre de la justice.
Un des originaux de l'acte modificatif des statuts, si celui-ci est sous seing privé, ou une expédition de cet acte, s'il a été établi en la forme authentique, est déposé au greffe par le gérant, dans le délai de quinze jours à compter de la publication de l'arrêté de nomination des nouveaux associés et versé au dossier.
A la diligence du procureur de la République ou du procureur général, une copie des arrêtés portant nomination des nouveaux avoués associés est versée à ce dossier.
Un des exemplaires de l'acte modificatif des statuts est déposé dans le délai fixé à l'alinéa 3 aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
Jusqu'à l'accomplissement de la formalité prévue à l'alinéa 3 ci-dessus, la modification des statuts est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
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LEGIARTI000006200381
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5ab4bcb0e7c565b1
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section III : Nomination de nouveaux avoués associés - Augmentation du capital social - Prorogation de la société.
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43
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Si la constitution de réserves au moyen de bénéfices non distribués ou le dégagement de plus-values d'actif dues à l'industrie des associés le permet, il est procédé périodiquement à l'augmentation du capital social et les parts sociales ainsi créées doivent être attribuées à tous les associés, y compris à ceux qui n'ont apporté que leur industrie.
Les statuts fixent les conditions d'application des dispositions de l'alinéa précédent.
Cette augmentation du capital ne peut intervenir avant la libération totale des parts sociales correspondant à des apports en numéraire.
L'un des originaux, ou une expédition de l'acte portant augmentation du capital, est déposé au greffe par le gérant et versé au dossier.
Jusqu'à l'accomplissement de cette formalité, la modification des statuts est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 43
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Nomination de nouveaux avoués associés - Augmentation du capital social - Prorogation de la société.
Si la constitution de réserves au moyen de bénéfices non distribués ou le dégagement de plus-values d'actif dues à l'industrie des associés le permet, il est procédé périodiquement à l'augmentation du capital social et les parts sociales ainsi créées doivent être attribuées à tous les associés, y compris à ceux qui n'ont apporté que leur industrie.
Les statuts fixent les conditions d'application des dispositions de l'alinéa précédent.
Cette augmentation du capital ne peut intervenir avant la libération totale des parts sociales correspondant à des apports en numéraire.
L'un des originaux, ou une expédition de l'acte portant augmentation du capital, est déposé au greffe par le gérant et versé au dossier.
Jusqu'à l'accomplissement de cette formalité, la modification des statuts est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
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LEGIARTI000006200383_1
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LEGIARTI000006200383
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c9e0af17258ee7bc
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section III : Nomination de nouveaux avoués associés - Augmentation du capital social - Prorogation de la société.
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44
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La décision de proroger la société doit être immédiatement portée à la connaissance du garde des sceaux, ministre de la justice, par un gérant.
A la diligence de celui-ci, une copie ou une expédition de l'acte d'où résulte la prorogation de la société est déposée au greffe pour être versée au dossier.
Jusqu'à l'accomplissement de cette formalité, la prorogation est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 44
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Nomination de nouveaux avoués associés - Augmentation du capital social - Prorogation de la société.
La décision de proroger la société doit être immédiatement portée à la connaissance du garde des sceaux, ministre de la justice, par un gérant.
A la diligence de celui-ci, une copie ou une expédition de l'acte d'où résulte la prorogation de la société est déposée au greffe pour être versée au dossier.
Jusqu'à l'accomplissement de cette formalité, la prorogation est inopposable aux tiers qui peuvent toutefois s'en prévaloir.
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LEGIARTI000006200386_1
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LEGIARTI000006200386
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eb190cd7101daea6
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 1 : Exercice de la profession, interdictions et incompatibilités diverses.
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45
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1969-11-27
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1992-01-21
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La qualification de "société titulaire d'un office d'avoué", à l'exclusion de tout autre doit accompagner la raison sociale dans toutes correspondances et documents émanant de la société.
Les associés prennent dans tous les cas, et notamment dans la raison sociale, dans tous les actes professionnels ou sociaux ainsi que dans toutes correspondances et documents destinés aux tiers le titre d'"avoué associé", à l'exclusion de celui d'"avoué".
Dans les actes professionnels, chaque associé indique son titre d'avoué associé et la raison sociale de la société titulaire d'un office d'avoué dont il fait partie.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 45
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Exercice de la profession, interdictions et incompatibilités diverses.
La qualification de "société titulaire d'un office d'avoué", à l'exclusion de tout autre doit accompagner la raison sociale dans toutes correspondances et documents émanant de la société.
Les associés prennent dans tous les cas, et notamment dans la raison sociale, dans tous les actes professionnels ou sociaux ainsi que dans toutes correspondances et documents destinés aux tiers le titre d'"avoué associé", à l'exclusion de celui d'"avoué".
Dans les actes professionnels, chaque associé indique son titre d'avoué associé et la raison sociale de la société titulaire d'un office d'avoué dont il fait partie.
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LEGIARTI000006200388_1
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LEGIARTI000006200388
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6b38b0dbbd6c070b
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 1 : Exercice de la profession, interdictions et incompatibilités diverses.
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46
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Tout associé ne peut être membre que d'une seule société civile professionnelle d'avoué et ne peut exercer la profession d'avoué à titre individuel.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 46
Tout associé ne peut être membre que d'une seule société civile professionnelle d'avoué et ne peut exercer la profession d'avoué à titre individuel.
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LEGIARTI000006200393_1
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LEGIARTI000006200393
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d8fa0e51336caef6
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 1 : Exercice de la profession, interdictions et incompatibilités diverses.
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50
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La liste des avoués près un tribunal de grande instance ou une cour d'appel, dressée par ordre d'ancienneté, est divisée en deux parties.
Dans la première, sont inscrits les avoués personnes physiques et les avoués associés, dans la seconde sont inscrites les sociétés titulaires d'un office d'avoués.
Le rang d'inscription des avoués associés est déterminé par leur ancienneté personnelle.
Le rang d'inscription des sociétés est déterminé par la date d'entrée dans la société du plus ancien de ses membres.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 50
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Exercice de la profession, interdictions et incompatibilités diverses.
La liste des avoués près un tribunal de grande instance ou une cour d'appel, dressée par ordre d'ancienneté, est divisée en deux parties.
Dans la première, sont inscrits les avoués personnes physiques et les avoués associés, dans la seconde sont inscrites les sociétés titulaires d'un office d'avoués.
Le rang d'inscription des avoués associés est déterminé par leur ancienneté personnelle.
Le rang d'inscription des sociétés est déterminé par la date d'entrée dans la société du plus ancien de ses membres.
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LEGIARTI000006200395_1
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LEGIARTI000006200395
| 1
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17ff968c63325163
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 1 : Exercice de la profession, interdictions et incompatibilités diverses.
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51
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Décret n°45-118 du 19 décembre 1945 - art. 13 (M)", "doc_id": "LEGIARTI000006928265", "number": "13", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000317814", "text_number": "45-0118", "link_direction": "source", "text_signature_date": "1945-12-19"}, {"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Chaque associé participe avec droit de vote aux assemblées professionnelles d'avoués, et notamment aux assemblées générales des compagnies.
Pour la détermination du nombre des membres devant composer les organismes professionnels, et notamment pour l'application de l'article 13 du décret susvisé du 19 décembre 1945, chaque associé compte pour une unité.
Toutefois la chambre départementale et la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, la chambre de discipline en ce qui concerne les avoués près les cours d'appel ne pourront comprendre parmi leurs membres, dans une proportion supérieure à un tiers, des avoués associés d'une même société.
|
Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 51
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Exercice de la profession, interdictions et incompatibilités diverses.
Chaque associé participe avec droit de vote aux assemblées professionnelles d'avoués, et notamment aux assemblées générales des compagnies.
Pour la détermination du nombre des membres devant composer les organismes professionnels, et notamment pour l'application de l'article 13 du décret susvisé du 19 décembre 1945, chaque associé compte pour une unité.
Toutefois la chambre départementale et la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, la chambre de discipline en ce qui concerne les avoués près les cours d'appel ne pourront comprendre parmi leurs membres, dans une proportion supérieure à un tiers, des avoués associés d'une même société.
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LEGIARTI000006200400_1
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LEGIARTI000006200400
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36a44ba92929d4b6
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 3 : Discipline - Suppléance - Honorariat.
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55
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1969-11-27
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1992-01-21
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Sous réserve des articles suivants, les dispositions de l'ordonnance susvisée du 28 juin 1945 relative à la discipline des notaires et de certains officiers ministériels sont applicables à la société et aux associés.
La société peut faire l'objet de poursuites disciplinaires indépendamment de celles qui seraient intentées contre les associés.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 55
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Discipline - Suppléance - Honorariat.
Sous réserve des articles suivants, les dispositions de l'ordonnance susvisée du 28 juin 1945 relative à la discipline des notaires et de certains officiers ministériels sont applicables à la société et aux associés.
La société peut faire l'objet de poursuites disciplinaires indépendamment de celles qui seraient intentées contre les associés.
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LEGIARTI000006200402_1
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LEGIARTI000006200402
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e5ab3b6331a032f6
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 3 : Discipline - Suppléance - Honorariat.
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56
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 33", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Tout associé qui a fait l'objet d'une condamnation disciplinaire définitive à une peine égale ou supérieure à trois mois de suspension, peut être contraint, à l'unanimité des autres associés, de se retirer de la société.
Ses parts sociales sont cédées dans les conditions prévues à l'article 33 (alinéas 2 et 3).
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 56
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Discipline - Suppléance - Honorariat.
Tout associé qui a fait l'objet d'une condamnation disciplinaire définitive à une peine égale ou supérieure à trois mois de suspension, peut être contraint, à l'unanimité des autres associés, de se retirer de la société.
Ses parts sociales sont cédées dans les conditions prévues à l'article 33 (alinéas 2 et 3).
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LEGIARTI000006200404_1
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LEGIARTI000006200404
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b7c134909dffea0e
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 3 : Discipline - Suppléance - Honorariat.
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57
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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L'associé suspendu de ses fonctions ne peut exercer aucune activité professionnelle pendant la durée de sa peine mais conserve pendant le même temps sa qualité d'associé avec tous les droits et obligations qui en découlent, à l'exclusion de sa vocation aux bénéfices professionnels.
I - La décision qui prononce la suspension d'un ou de plusieurs associés mais non de la totalité d'entre eux ou de la société ne commet pas d'administrateur.
II - La décision qui prononce la suspension soit de la société, soit de tous les associés, commet un ou plusieurs administrateurs pour accomplir tous actes professionnels relevant à titre obligatoire, notamment par l'effet de la loi ou par commission de justice, du ministère de la société.
Peuvent être désignés, en qualité d'administrateur :
a) Un ou plusieurs associés non suspendus ;
b) Des avoués ou avoués associés d'autres sociétés exerçant à la même résidence ou dans une résidence voisine quelle que soit leur compétence territoriale ;
c) Des anciens avoués ou anciens avoués associés ;
d) Des clercs d'avoué comptant dix années d'exercice de leur profession et répondant aux conditions d'aptitude exigées pour pouvoir être nommés avoués.
Si l'administrateur n'est pas avoué en exercice, il prête le serment exigé de tout avoué avant son entrée en fonctions ; de plus, il est tenu d'avoir un cachet particulier portant ses nom et qualité. L'administrateur procède au siège de la société aux actes professionnels qu'il a mission d'accomplir.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 57
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Discipline - Suppléance - Honorariat.
L'associé suspendu de ses fonctions ne peut exercer aucune activité professionnelle pendant la durée de sa peine mais conserve pendant le même temps sa qualité d'associé avec tous les droits et obligations qui en découlent, à l'exclusion de sa vocation aux bénéfices professionnels.
I - La décision qui prononce la suspension d'un ou de plusieurs associés mais non de la totalité d'entre eux ou de la société ne commet pas d'administrateur.
II - La décision qui prononce la suspension soit de la société, soit de tous les associés, commet un ou plusieurs administrateurs pour accomplir tous actes professionnels relevant à titre obligatoire, notamment par l'effet de la loi ou par commission de justice, du ministère de la société.
Peuvent être désignés, en qualité d'administrateur :
a) Un ou plusieurs associés non suspendus ;
b) Des avoués ou avoués associés d'autres sociétés exerçant à la même résidence ou dans une résidence voisine quelle que soit leur compétence territoriale ;
c) Des anciens avoués ou anciens avoués associés ;
d) Des clercs d'avoué comptant dix années d'exercice de leur profession et répondant aux conditions d'aptitude exigées pour pouvoir être nommés avoués.
Si l'administrateur n'est pas avoué en exercice, il prête le serment exigé de tout avoué avant son entrée en fonctions ; de plus, il est tenu d'avoir un cachet particulier portant ses nom et qualité. L'administrateur procède au siège de la société aux actes professionnels qu'il a mission d'accomplir.
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LEGIARTI000006200406_1
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LEGIARTI000006200406
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6f73089ceece9ebe
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 3 : Discipline - Suppléance - Honorariat.
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58
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1969-11-27
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1992-01-21
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L'associé destitué est déchu de sa qualité d'avoué associé et cesse l'exercice de son activité professionnelle à compter du jour où la décision prononçant sa destitution est devenue exécutoire.
Ses parts sociales sont cédées dans les conditions fixées à l'article 32.
Les effets de la destitution de la société sont régis par l'article 77.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 58
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Discipline - Suppléance - Honorariat.
L'associé destitué est déchu de sa qualité d'avoué associé et cesse l'exercice de son activité professionnelle à compter du jour où la décision prononçant sa destitution est devenue exécutoire.
Ses parts sociales sont cédées dans les conditions fixées à l'article 32.
Les effets de la destitution de la société sont régis par l'article 77.
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LEGIARTI000006200408_1
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LEGIARTI000006200408
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eccf4bae439d413e
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 3 : Discipline - Suppléance - Honorariat.
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59
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1969-11-27
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1992-01-21
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Les dispositions des I et II de l'article 57 sont applicables au cas où serait prononcée l'interdiction temporaire prévue par l'ordonnance précitée du 28 juin 1945.
L'associé à qui il est temporairement interdit d'exercer ses fonctions conserve, pendant la durée de son interdiction, sa qualité d'associé, avec tous les droits et obligations qui en découlent ; toutefois sa participation dans les bénéfices est réduite de moitié, l'autre moitié étant attribuée aux autres associés qui n'ont pas fait l'objet d'une interdiction temporaire de l'exercice de leurs fonctions.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 59
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Discipline - Suppléance - Honorariat.
Les dispositions des I et II de l'article 57 sont applicables au cas où serait prononcée l'interdiction temporaire prévue par l'ordonnance précitée du 28 juin 1945.
L'associé à qui il est temporairement interdit d'exercer ses fonctions conserve, pendant la durée de son interdiction, sa qualité d'associé, avec tous les droits et obligations qui en découlent ; toutefois sa participation dans les bénéfices est réduite de moitié, l'autre moitié étant attribuée aux autres associés qui n'ont pas fait l'objet d'une interdiction temporaire de l'exercice de leurs fonctions.
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LEGIARTI000006200410_1
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LEGIARTI000006200410
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e10a9d6da0007019
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par la société et les associés - Paragraphe 3 : Discipline - Suppléance - Honorariat.
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60
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1969-11-27
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1992-01-21
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Si l'un des associés est temporairement empêché, par cas de force majeure, d'exercer ses fonctions, sa suppléance est assurée par les autres associés.
Si tous les associés sont simultanément, par cas de force majeure, empêchés d'exercer leurs fonctions, la gestion de l'office est assurée conformément aux dispositions réglementaires en vigueur.
Toutefois, le ou les gérants sont choisis parmi les personnes énumérées aux b, c et d de l'article 57, et les dispositions des alinéas 5 et 6 dudit article leur sont applicables.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 60
Des sociétés titulaires d'un office d'avoué - Fonctionnement de la société - Exercice des fonctions d'avoués par la société et les associés - Discipline - Suppléance - Honorariat.
Si l'un des associés est temporairement empêché, par cas de force majeure, d'exercer ses fonctions, sa suppléance est assurée par les autres associés.
Si tous les associés sont simultanément, par cas de force majeure, empêchés d'exercer leurs fonctions, la gestion de l'office est assurée conformément aux dispositions réglementaires en vigueur.
Toutefois, le ou les gérants sont choisis parmi les personnes énumérées aux b, c et d de l'article 57, et les dispositions des alinéas 5 et 6 dudit article leur sont applicables.
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LEGIARTI000006200413_1
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LEGIARTI000006200413
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c7875cbaffcfd65b
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société.
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62
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1969-11-27
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1992-01-21
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La nullité ou la dissolution de la société n'est opposable aux tiers qu'à compter de l'accomplissement des formalités de publicité prévues par les articles 72, 75 (alinéa 2) et 81 (alinéa 1).
Toutefois, en cas de destitution de la société, la dissolution est opposable aux tiers à compter de l'insertion au Journal officiel et dans un journal d'annonces légales des avis ou extraits prévus par l'article 22 de l'ordonnance précitée du 28 juin 1945.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 62
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société.
La nullité ou la dissolution de la société n'est opposable aux tiers qu'à compter de l'accomplissement des formalités de publicité prévues par les articles 72, 75 (alinéa 2) et 81 (alinéa 1).
Toutefois, en cas de destitution de la société, la dissolution est opposable aux tiers à compter de l'insertion au Journal officiel et dans un journal d'annonces légales des avis ou extraits prévus par l'article 22 de l'ordonnance précitée du 28 juin 1945.
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LEGIARTI000006200415_1
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LEGIARTI000006200415
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22c6f38c0aad5c87
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section I : Règles générales concernant la liquidation.
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63
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La société est en état de liquidation dès que la décision judiciaire prononçant sa nullité est définitive, ou dès sa dissolution pour quelque cause que ce soit.
La personnalité morale de la société subsiste pour les besoins de la liquidation jusqu'à la clôture de celle-ci.
Sa raison sociale est obligatoirement suivie de la mention "société en liquidation".
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 63
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Règles générales concernant la liquidation.
La société est en état de liquidation dès que la décision judiciaire prononçant sa nullité est définitive, ou dès sa dissolution pour quelque cause que ce soit.
La personnalité morale de la société subsiste pour les besoins de la liquidation jusqu'à la clôture de celle-ci.
Sa raison sociale est obligatoirement suivie de la mention "société en liquidation".
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LEGIARTI000006200418_1
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LEGIARTI000006200418
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b5fa950099ba8037
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section I : Règles générales concernant la liquidation.
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65
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 57, art. 77, art. 80", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Le liquidateur est désigné conformément aux statuts sauf dans les deux cas prévus à l'article précédent, ainsi que dans le cas prévu à l'article 80. A défaut, il est désigné soit par la décision judiciaire qui prononce la nullité ou la dissolution de la société, soit par la délibération des associés qui constate ou décide cette dissolution.
Sous réserve des dispositions de l'article 77 (alinéa 4) le liquidateur peut être choisi soit parmi les associés eux-mêmes, soit parmi les personnes visées aux b, c et d de l'article 57.
Il peut être remplacé pour cause d'empêchement ou pour tout autre motif grave par le président du tribunal de grande instance, statuant en référé à la demande, soit du liquidateur lui-même, soit des associés ou de leurs ayants droit, soit du ministère public.
Plusieurs liquidateurs peuvent être désignés.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 65
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Règles générales concernant la liquidation.
Le liquidateur est désigné conformément aux statuts sauf dans les deux cas prévus à l'article précédent, ainsi que dans le cas prévu à l'article 80. A défaut, il est désigné soit par la décision judiciaire qui prononce la nullité ou la dissolution de la société, soit par la délibération des associés qui constate ou décide cette dissolution.
Sous réserve des dispositions de l'article 77 (alinéa 4) le liquidateur peut être choisi soit parmi les associés eux-mêmes, soit parmi les personnes visées aux b, c et d de l'article 57.
Il peut être remplacé pour cause d'empêchement ou pour tout autre motif grave par le président du tribunal de grande instance, statuant en référé à la demande, soit du liquidateur lui-même, soit des associés ou de leurs ayants droit, soit du ministère public.
Plusieurs liquidateurs peuvent être désignés.
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LEGIARTI000006200420_1
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LEGIARTI000006200420
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3184a9c168c3238d
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section I : Règles générales concernant la liquidation.
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66
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 57", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Le liquidateur représente la société pendant la durée de la liquidation de celle-ci et accomplit en remplacement des associés tous actes relevant de la profession d'avoué.
Les dispositions de l'article 57, alinéas 5 et 6, lui sont applicables.
A compter de la date de prestation de serment du successeur de la société, il cesse d'avoir qualité pour accomplir, au nom de celle-ci, les actes relevant de la profession d'avoué.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 66
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Règles générales concernant la liquidation.
Le liquidateur représente la société pendant la durée de la liquidation de celle-ci et accomplit en remplacement des associés tous actes relevant de la profession d'avoué.
Les dispositions de l'article 57, alinéas 5 et 6, lui sont applicables.
A compter de la date de prestation de serment du successeur de la société, il cesse d'avoir qualité pour accomplir, au nom de celle-ci, les actes relevant de la profession d'avoué.
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LEGIARTI000006200423_1
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LEGIARTI000006200423
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788a6850031a889c
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section I : Règles générales concernant la liquidation.
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68
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1969-11-27
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1992-01-21
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Sauf dans le cas où la société est dissoute par l'effet de sa destitution, le liquidateur exerce au nom de la société le droit de présentation prévu par l'article 91 de la loi susvisée du 28 avril 1816. Toutefois, si les associés ou leurs ayants droit, dans le cas prévu à l'article 82, ont fait choix, à l'unanimité, d'un candidat à l'office, le droit de présentation doit être exercé en sa faveur.
Si, dans le délai d'un an à compter de sa désignation, le liquidateur n'a pas exercé le droit de présentation dont la société est titulaire, l'office est pourvu dans les conditions fixées par les dispositions réglementaires relatives aux offices vacants, ou éventuellement supprimé. Ce délai peut être exceptionnellement prorogé par le garde des sceaux, ministre de la justice.
La suppression de l'office intervient également dans le cas prévu à l'article 86 (alinéa 3).
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 68
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Règles générales concernant la liquidation.
Sauf dans le cas où la société est dissoute par l'effet de sa destitution, le liquidateur exerce au nom de la société le droit de présentation prévu par l'article 91 de la loi susvisée du 28 avril 1816. Toutefois, si les associés ou leurs ayants droit, dans le cas prévu à l'article 82, ont fait choix, à l'unanimité, d'un candidat à l'office, le droit de présentation doit être exercé en sa faveur.
Si, dans le délai d'un an à compter de sa désignation, le liquidateur n'a pas exercé le droit de présentation dont la société est titulaire, l'office est pourvu dans les conditions fixées par les dispositions réglementaires relatives aux offices vacants, ou éventuellement supprimé. Ce délai peut être exceptionnellement prorogé par le garde des sceaux, ministre de la justice.
La suppression de l'office intervient également dans le cas prévu à l'article 86 (alinéa 3).
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LEGIARTI000006200427_1
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LEGIARTI000006200427
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7ee0ad44afbdd9c6
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section I : Règles générales concernant la liquidation.
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71
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La décision judiciaire ou la décision de l'assemblée des associés qui nomme le liquidateur fixe sa rémunération.
Celle-ci peut être constituée par une quote-part des produits nets de l'office dont la société est titulaire.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 71
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Règles générales concernant la liquidation.
La décision judiciaire ou la décision de l'assemblée des associés qui nomme le liquidateur fixe sa rémunération.
Celle-ci peut être constituée par une quote-part des produits nets de l'office dont la société est titulaire.
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LEGIARTI000006200429_1
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LEGIARTI000006200429
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22acae474fe90594
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 1 : Nullité.
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72
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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A la diligence du procureur de la République, toute décision judiciaire définitive prononçant la nullité de la société fait l'objet d'une insertion au Journal officiel de la République française et d'un dépôt d'une de ces expéditions au dossier ouvert au greffe au nom de la société.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 72
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Nullité.
A la diligence du procureur de la République, toute décision judiciaire définitive prononçant la nullité de la société fait l'objet d'une insertion au Journal officiel de la République française et d'un dépôt d'une de ces expéditions au dossier ouvert au greffe au nom de la société.
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LEGIARTI000006200432_1
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LEGIARTI000006200432
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57ce5072c6dba5ea
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 2 : Dissolution par survenance du terme, dissolution anticipée.
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74
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La société prend fin à l'expiration du temps pour lequel elle a été constituée. Toutefois, la dissolution anticipée de la société peut être décidée à la majorité au moins des associés disposant des trois quarts du capital social et détenant la moitié au moins des parts d'industrie.
Le liquidateur est désigné à la majorité en nombre des associés détenant la moitié au moins des parts sociales et la moitié des parts d'industrie.
A défaut, il est désigné par ordonnance du président du tribunal de grande instance statuant en référé à la demande d'un associé ou du ministère public.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 74
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Dissolution par survenance du terme, dissolution anticipée.
La société prend fin à l'expiration du temps pour lequel elle a été constituée. Toutefois, la dissolution anticipée de la société peut être décidée à la majorité au moins des associés disposant des trois quarts du capital social et détenant la moitié au moins des parts d'industrie.
Le liquidateur est désigné à la majorité en nombre des associés détenant la moitié au moins des parts sociales et la moitié des parts d'industrie.
A défaut, il est désigné par ordonnance du président du tribunal de grande instance statuant en référé à la demande d'un associé ou du ministère public.
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LEGIARTI000006200434_1
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LEGIARTI000006200434
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19c04a7100404884
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 2 : Dissolution par survenance du terme, dissolution anticipée.
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75
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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A moins qu'il n'ait été désigné à la requête du procureur de la République, le liquidateur informe celui-ci de sa désignation en lui faisant parvenir copie ou expédition de la délibération des associés ou de la décision de justice qui l'a nommé dans ses fonctions.
Le liquidateur dépose au greffe, pour être versée au dossier ouvert au nom de la société, la copie ou l'expédition visée à l'alinéa précédent, dont tout intéressé pourra obtenir communication.
Il dépose un exemplaire de la délibération des associés ou de la décision de justice qui l'a nommé dans ses fonctions aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
Il ne peut entrer en fonctions avant l'accomplissement des formalités précitées.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 75
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Dissolution par survenance du terme, dissolution anticipée.
A moins qu'il n'ait été désigné à la requête du procureur de la République, le liquidateur informe celui-ci de sa désignation en lui faisant parvenir copie ou expédition de la délibération des associés ou de la décision de justice qui l'a nommé dans ses fonctions.
Le liquidateur dépose au greffe, pour être versée au dossier ouvert au nom de la société, la copie ou l'expédition visée à l'alinéa précédent, dont tout intéressé pourra obtenir communication.
Il dépose un exemplaire de la délibération des associés ou de la décision de justice qui l'a nommé dans ses fonctions aux archives de la chambre régionale en ce qui concerne les avoués près les tribunaux de grande instance, de la chambre de discipline en ce qui concerne les avoués près les cours d'appel.
Il ne peut entrer en fonctions avant l'accomplissement des formalités précitées.
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LEGIARTI000006200436_1
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LEGIARTI000006200436
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a8403805e519ec26
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 2 : Dissolution par survenance du terme, dissolution anticipée.
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76
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La société est réputée démissionnaire de son office à la date de sa dissolution.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 76
La société est réputée démissionnaire de son office à la date de sa dissolution.
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LEGIARTI000006200439_1
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LEGIARTI000006200439
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59ae04e4c4a540c3
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 3 : Dissolution pour cause de destitution de la société.
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78
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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A la diligence du ministère public, une expédition de la décision prononçant la destitution de la société est versée au dossier ouvert au greffe.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 78
A la diligence du ministère public, une expédition de la décision prononçant la destitution de la société est versée au dossier ouvert au greffe.
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LEGIARTI000006200443_1
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LEGIARTI000006200443
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cbcd7c270990edb6
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 4 : Dissolution par suite du décès des associés.
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81
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Une expédition de la décision nommant le liquidateur est déposée au greffe pour être versée au dossier ; le dépôt est effectué à la diligence du procureur de la République si celui-ci a provoqué la nomination du liquidateur et à la diligence de ce dernier dans le cas contraire.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 81
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Dissolution par suite du décès des associés.
Une expédition de la décision nommant le liquidateur est déposée au greffe pour être versée au dossier ; le dépôt est effectué à la diligence du procureur de la République si celui-ci a provoqué la nomination du liquidateur et à la diligence de ce dernier dans le cas contraire.
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LEGIARTI000006200447
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1c5108fc1f3895b8
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 6 : Dissolution de la société dans le cas où il ne subsiste qu'un associé.
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84
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 26 (M)", "doc_id": "LEGIARTI000006290554", "number": "26", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 3, art. 27", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Pendant le délai prévu par l'article 26 (alinéa 2) de la loi précitée du 29 novembre 1966, l'associé unique peut céder, conformément aux dispositions de l'article 27 ci-dessus, une partie de ses parts sociales à un tiers qui remplit les conditions prescrites par l'article 3.
L'associé unique peut également exercer en faveur d'un tiers le droit de présentation dont la société est titulaire. La société se trouve alors dissoute de plein droit à compter de la date de prestation de serment du nouveau titulaire de l'office.
Il peut enfin demander à être nommé lui-même avoué en remplacement de la société. Il adresse dans ce cas une requête motivée et accompagnée de toutes justifications au garde des sceaux, ministre de la justice, par l'intermédiaire du procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, par l'intermédiaire du procureur général en ce qui concerne les avoués près les cours d'appel. La société est dissoute à compter de la nomination de l'associé en qualité d'avoué en remplacement de la société.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 84
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Dissolution de la société dans le cas où il ne subsiste qu'un associé.
Pendant le délai prévu par l'article 26 (alinéa 2) de la loi précitée du 29 novembre 1966, l'associé unique peut céder, conformément aux dispositions de l'article 27 ci-dessus, une partie de ses parts sociales à un tiers qui remplit les conditions prescrites par l'article 3.
L'associé unique peut également exercer en faveur d'un tiers le droit de présentation dont la société est titulaire. La société se trouve alors dissoute de plein droit à compter de la date de prestation de serment du nouveau titulaire de l'office.
Il peut enfin demander à être nommé lui-même avoué en remplacement de la société. Il adresse dans ce cas une requête motivée et accompagnée de toutes justifications au garde des sceaux, ministre de la justice, par l'intermédiaire du procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, par l'intermédiaire du procureur général en ce qui concerne les avoués près les cours d'appel. La société est dissoute à compter de la nomination de l'associé en qualité d'avoué en remplacement de la société.
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d2dc403bce150f8e
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Paragraphe 6 : Dissolution de la société dans le cas où il ne subsiste qu'un associé.
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85
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1969-11-27
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1992-01-21
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La société est dissoute si, à l'expiration du délai prévu à l'article 84, aucune des requêtes prévues par l'article 27 (alinéa 3) ou l'article 84 n'a pas été remise au procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, au procureur général en ce qui concerne les avoués près les cours d'appel, et si le droit de présentation lui appartenant n'a pas été exercé.
L'office est réputé vacant ; sa gestion est assurée par un suppléant dans les conditions fixées par les dispositions réglementaires en vigueur. Toutefois l'associé unique et les personnes énumérées aux b, c et d de l'article 57 peuvent être désignés en qualité de suppléant.
Il est pourvu à l'office dans les conditions fixées par le décret du 20 janvier 1950 précité.
En cas de refus du garde des sceaux, ministre de la justice, de nommer le cessionnaire des parts sociales de l'associé unique, ou le successeur de la société présenté par cet associé, le délai visé à l'article 84 est prorogé, à compter de la notification de ce refus, d'un temps égal à celui qui restait à courir au moment où le garde des sceaux, ministre de la justice, a été saisi de la demande de nomination présentée par le cessionnaire des parts ou par le successeur de la société.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 85
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables aux différents cas de nullité ou de dissolution de la société - Dissolution de la société dans le cas où il ne subsiste qu'un associé.
La société est dissoute si, à l'expiration du délai prévu à l'article 84, aucune des requêtes prévues par l'article 27 (alinéa 3) ou l'article 84 n'a pas été remise au procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, au procureur général en ce qui concerne les avoués près les cours d'appel, et si le droit de présentation lui appartenant n'a pas été exercé.
L'office est réputé vacant ; sa gestion est assurée par un suppléant dans les conditions fixées par les dispositions réglementaires en vigueur. Toutefois l'associé unique et les personnes énumérées aux b, c et d de l'article 57 peuvent être désignés en qualité de suppléant.
Il est pourvu à l'office dans les conditions fixées par le décret du 20 janvier 1950 précité.
En cas de refus du garde des sceaux, ministre de la justice, de nommer le cessionnaire des parts sociales de l'associé unique, ou le successeur de la société présenté par cet associé, le délai visé à l'article 84 est prorogé, à compter de la notification de ce refus, d'un temps égal à celui qui restait à courir au moment où le garde des sceaux, ministre de la justice, a été saisi de la demande de nomination présentée par le cessionnaire des parts ou par le successeur de la société.
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LEGIARTI000006200454
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910dd6ffb68c67a3
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section III : Nomination à un office créé d'un associé d'une société dissoute.
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86
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 26 (M)", "doc_id": "LEGIARTI000006290554", "number": "26", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Dans le cas prévu par l'article 26 (alinéa 4) de la loi précitée du 29 novembre 1966, l'associé ne peut solliciter sa nomination à un office créé à son intention que si la société a été dissoute avant l'expiration d'un délai de dix ans à compter de l'investiture de celle-ci dans l'office.
Il doit, sous peine de forclusion, notifier aux autres associés et au liquidateur son intention dans le délai de deux mois de la décision de dissolution ou de l'arrivée du terme fixé par les statuts.
Il ne peut être nommé qu'à un office créé dans le ressort de la juridiction où la société dissoute avait son siège. L'office de la société doit être supprimé.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 86
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Nomination à un office créé d'un associé d'une société dissoute.
Dans le cas prévu par l'article 26 (alinéa 4) de la loi précitée du 29 novembre 1966, l'associé ne peut solliciter sa nomination à un office créé à son intention que si la société a été dissoute avant l'expiration d'un délai de dix ans à compter de l'investiture de celle-ci dans l'office.
Il doit, sous peine de forclusion, notifier aux autres associés et au liquidateur son intention dans le délai de deux mois de la décision de dissolution ou de l'arrivée du terme fixé par les statuts.
Il ne peut être nommé qu'à un office créé dans le ressort de la juridiction où la société dissoute avait son siège. L'office de la société doit être supprimé.
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LEGIARTI000006200456_1
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LEGIARTI000006200456
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31742c3a177f48e8
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section III : Nomination à un office créé d'un associé d'une société dissoute.
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87
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 7, art. 8, art. 86", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La demande de l'intéressé, adressée au garde des sceaux, ministre de la justice, est, à peine de forclusion, remise en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance, en ce qui concerne les avoués près les cours d'appel au procureur général près la cour d'appel dans le ressort duquel la société avait son siège dans le délai de deux mois suivant la notification prévue à l'article 86 (alinéa 2).
Le procureur de la République, en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général, en ce qui concerne les avoués près les cours d'appel, invitent le premier la chambre régionale, le second la chambre de discipline, à fournir leur avis sur l'opportunité de la création d'un office dans le ressort considéré.
Ces avis sont recueillis et transmis au garde des sceaux, ministre de la justice, conformément aux dispositions de l'article 7 (alinéa 2) et de l'article 8.
Dans les quinze jours suivants sa saisine, la chambre régionale, en ce qui concerne les avoués près les tribunaux de grande instance, la chambre de discipline, en ce qui concerne les avoués près les cours d'appel, informent la chambre nationale des avoués de sa catégorie de la demande de création d'office formulée par l'avoué.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 87
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Nomination à un office créé d'un associé d'une société dissoute.
La demande de l'intéressé, adressée au garde des sceaux, ministre de la justice, est, à peine de forclusion, remise en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance, en ce qui concerne les avoués près les cours d'appel au procureur général près la cour d'appel dans le ressort duquel la société avait son siège dans le délai de deux mois suivant la notification prévue à l'article 86 (alinéa 2).
Le procureur de la République, en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général, en ce qui concerne les avoués près les cours d'appel, invitent le premier la chambre régionale, le second la chambre de discipline, à fournir leur avis sur l'opportunité de la création d'un office dans le ressort considéré.
Ces avis sont recueillis et transmis au garde des sceaux, ministre de la justice, conformément aux dispositions de l'article 7 (alinéa 2) et de l'article 8.
Dans les quinze jours suivants sa saisine, la chambre régionale, en ce qui concerne les avoués près les tribunaux de grande instance, la chambre de discipline, en ce qui concerne les avoués près les cours d'appel, informent la chambre nationale des avoués de sa catégorie de la demande de création d'office formulée par l'avoué.
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LEGIARTI000006200458
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f209ccaca49ce3db
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section III : Nomination à un office créé d'un associé d'une société dissoute.
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88
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1969-11-27
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1992-01-21
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La création de l'office et la nomination de son titulaire peuvent être prononcées par arrêté du garde des sceaux, ministre de la justice, pris après avis de la chambre nationale des avoués compétente. Cet avis doit être émis dans le délai d'un mois à compter de la transmission du projet à la chambre nationale ; à défaut d'avis à l'expiration de ce délai, il peut être passé outre.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 88
Des sociétés titulaires d'un office d'avoué - Nullité - Dissolution - Liquidation de la société. - Nomination à un office créé d'un associé d'une société dissoute.
La création de l'office et la nomination de son titulaire peuvent être prononcées par arrêté du garde des sceaux, ministre de la justice, pris après avis de la chambre nationale des avoués compétente. Cet avis doit être émis dans le délai d'un mois à compter de la transmission du projet à la chambre nationale ; à défaut d'avis à l'expiration de ce délai, il peut être passé outre.
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LEGIARTI000006200460_1
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LEGIARTI000006200460
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bb5cc77e8eec9c53
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'avoué - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section III : Nomination à un office créé d'un associé d'une société dissoute.
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89
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 86", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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L'indemnité de suppression de l'office de la société résultant des dispositions de l'article 86 est mise à la charge du bénéficiaire de l'office créé.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 89
L'indemnité de suppression de l'office de la société résultant des dispositions de l'article 86 est mise à la charge du bénéficiaire de l'office créé.
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LEGIARTI000006200468_1
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LEGIARTI000006200468
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66aced7988679026
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément de la société.
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90
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1969-11-27
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1992-01-21
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Les sociétés civiles professionnelles prévues à l'article 5 de la loi précitée du 29 novembre 1966 sont régies par le présent titre. Elles reçoivent la dénomination de "sociétés d'avoués".
La société n'est pas nommée titulaire d'un office et chacun des associés exerce ses fonctions dans l'office dont il est lui-même titulaire.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 90
Des sociétés d'avoués - Constitution de la société - Dispositions générales - Agrément de la société.
Les sociétés civiles professionnelles prévues à l'article 5 de la loi précitée du 29 novembre 1966 sont régies par le présent titre. Elles reçoivent la dénomination de "sociétés d'avoués".
La société n'est pas nommée titulaire d'un office et chacun des associés exerce ses fonctions dans l'office dont il est lui-même titulaire.
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LEGIARTI000006200471
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c8b120818c7b246b
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément de la société.
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92
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Dans le ressort d'une même cour d'appel en ce qui concerne les avoués près les cours d'appel, ou d'un même tribunal de grande instance en ce qui concerne les avoués près les tribunaux de grande instance, la constitution de sociétés régies par le présent titre ne peut avoir pour effet de réduire le nombre, tant des avoués exerçant à titre individuel que des sociétés civiles professionnelles d'avoués, au-dessous de celui qui est nécessaire à une bonne administration de la justice.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 92
Des sociétés d'avoués - Constitution de la société - Dispositions générales - Agrément de la société.
Dans le ressort d'une même cour d'appel en ce qui concerne les avoués près les cours d'appel, ou d'un même tribunal de grande instance en ce qui concerne les avoués près les tribunaux de grande instance, la constitution de sociétés régies par le présent titre ne peut avoir pour effet de réduire le nombre, tant des avoués exerçant à titre individuel que des sociétés civiles professionnelles d'avoués, au-dessous de celui qui est nécessaire à une bonne administration de la justice.
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LEGIARTI000006200474_1
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LEGIARTI000006200474
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89f75a91584deb95
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément de la société.
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94
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 7, art. 8, art. 95", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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La demande d'agrément de la société est présentée et instruite conformément aux dispositions des articles 7 et 8 dans la mesure où elles sont compatibles avec celles du présent titre.
Les avis des organismes professionnels prévus à l'article 7 (alinéa 3) et 8 (alinéa 4) portent en outre sur l'octroi aux avoués associés de l'autorisation prévue à l'article 95.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 94
Des sociétés d'avoués - Constitution de la société - Dispositions générales - Agrément de la société.
La demande d'agrément de la société est présentée et instruite conformément aux dispositions des articles 7 et 8 dans la mesure où elles sont compatibles avec celles du présent titre.
Les avis des organismes professionnels prévus à l'article 7 (alinéa 3) et 8 (alinéa 4) portent en outre sur l'octroi aux avoués associés de l'autorisation prévue à l'article 95.
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LEGIARTI000006200476_1
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LEGIARTI000006200476
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6c1304eb2e8ce19e
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément de la société.
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95
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1969-11-27
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1992-01-21
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L'avoué associé peut être autorisé par l'arrêté d'agrément à ouvrir un bureau de réception de la clientèle à son ancienne résidence.
Les dispositions de l'article 10 (alinéas 2, 3 et 4) sont applicables aux sociétés régies par le présent titre.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 95
Des sociétés d'avoués - Constitution de la société - Dispositions générales - Agrément de la société.
L'avoué associé peut être autorisé par l'arrêté d'agrément à ouvrir un bureau de réception de la clientèle à son ancienne résidence.
Les dispositions de l'article 10 (alinéas 2, 3 et 4) sont applicables aux sociétés régies par le présent titre.
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LEGIARTI000006200480_1
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LEGIARTI000006200480
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c4e8df5b2130a60e
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre Ier : Constitution de la société - Section II : Statuts - Capital social - Parts sociales et parts d'industrie.
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96
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1969-11-27
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1992-01-21
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Les articles 11, 12 (à l'exception du 2°), 13 (à l'exception des a, b et c), 14 et 15 (alinéas 2 à 5) sont applicables aux sociétés régies par le présent titre.
Les statuts visés à l'article 12 doivent également indiquer l'adresse du siège social, qui sera en même temps celle du lieu choisi par les associés pour l'exercice en commun de leur profession.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 96
Des sociétés d'avoués - Constitution de la société - Statuts - Capital social - Parts sociales et parts d'industrie.
Les articles 11, 12 (à l'exception du 2°), 13 (à l'exception des a, b et c), 14 et 15 (alinéas 2 à 5) sont applicables aux sociétés régies par le présent titre.
Les statuts visés à l'article 12 doivent également indiquer l'adresse du siège social, qui sera en même temps celle du lieu choisi par les associés pour l'exercice en commun de leur profession.
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LEGIARTI000006200482_1
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LEGIARTI000006200482
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0ee7bf3a6c55ad43
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre Ier : Constitution de la société - Section III : Publicité - Entrée en fonctions.
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97
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 16", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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L'article 16 est applicable à l'arrêté d'agrément d'une société régie par le présent titre.
Le délai prévu à l'alinéa 1 de cet article court à compter de la publication de l'arrêté d'agrément.
La société entre en fonctions dès son agrément.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 97
Des sociétés d'avoués - Constitution de la société - Publicité - Entrée en fonctions.
L'article 16 est applicable à l'arrêté d'agrément d'une société régie par le présent titre.
Le délai prévu à l'alinéa 1 de cet article court à compter de la publication de l'arrêté d'agrément.
La société entre en fonctions dès son agrément.
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LEGIARTI000006200485_1
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LEGIARTI000006200485
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b37c2cb89d94a218
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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99
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1969-11-27
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1992-01-21
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Un associé peut céder ses parts sociales à un tiers, avec le consentement des associés donné dans les conditions de l'article 19 de la loi précitée du 29 novembre 1966, en exerçant en faveur de ce tiers le droit de présentation prévu par l'article 91 de la loi susvisée du 28 avril 1816.
Il peut également ne céder à son successeur qu'une fraction de ses parts sociales, à condition que la partie non cédée soit acquise simultanément soit par les autres associés, soit par la société elle-même qui procède alors à la réduction du capital, conformément à l'article 21 de la loi.
Il doit dans tous les cas notifier le projet de cession de ses parts à la société et à chacun des coassociés dans l'une des formes prévues à l'article 27.
La cession est conclue sous la condition suspensive de la nomination du cessionnaire, dans les fonctions d'avoué, en remplacement du cédant.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 99
Des sociétés d'avoués - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Un associé peut céder ses parts sociales à un tiers, avec le consentement des associés donné dans les conditions de l'article 19 de la loi précitée du 29 novembre 1966, en exerçant en faveur de ce tiers le droit de présentation prévu par l'article 91 de la loi susvisée du 28 avril 1816.
Il peut également ne céder à son successeur qu'une fraction de ses parts sociales, à condition que la partie non cédée soit acquise simultanément soit par les autres associés, soit par la société elle-même qui procède alors à la réduction du capital, conformément à l'article 21 de la loi.
Il doit dans tous les cas notifier le projet de cession de ses parts à la société et à chacun des coassociés dans l'une des formes prévues à l'article 27.
La cession est conclue sous la condition suspensive de la nomination du cessionnaire, dans les fonctions d'avoué, en remplacement du cédant.
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LEGIARTI000006200488_1
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LEGIARTI000006200488
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ddeb935a834108e8
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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101
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1969-11-27
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1992-01-21
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Dans le cas où la société refuse d'agréer le cessionnaire de parts présenté, elle dispose d'un délai de six mois à compter de la notification de son refus dans l'une des formes prévues à l'article 27 pour notifier, dans la même forme, à cet associé, un projet de cession de rachat de ses parts.
Si les parties n'ont pu convenir d'un prix de cession, celui-ci est fixé par un expert désigné d'un commun accord ou, à défaut, par le président du tribunal de grande instance conformément aux dispositions de l'article 1868 (alinéa 5) du Code civil.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 101
Des sociétés d'avoués - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Dans le cas où la société refuse d'agréer le cessionnaire de parts présenté, elle dispose d'un délai de six mois à compter de la notification de son refus dans l'une des formes prévues à l'article 27 pour notifier, dans la même forme, à cet associé, un projet de cession de rachat de ses parts.
Si les parties n'ont pu convenir d'un prix de cession, celui-ci est fixé par un expert désigné d'un commun accord ou, à défaut, par le président du tribunal de grande instance conformément aux dispositions de l'article 1868 (alinéa 5) du Code civil.
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LEGIARTI000006200490_1
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LEGIARTI000006200490
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6af6f4eebf43a3b6
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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102
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1969-11-27
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1992-01-21
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Lorsqu'un associé demande son retrait en application de l'article 21 de la loi précitée du 29 novembre 1966, la société dispose d'un délai de six mois à compter de la demande qui lui en est faite, dans l'une des formes prévues à l'article 27, par l'associé pour notifier à celui-ci, dans la même forme, un projet de cession ou de rachat de ses parts sociales.
Si les parties ne peuvent convenir d'un prix de cession, celui-ci est fixé conformément aux dispositions de l'article 101 (alinéa 2).
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 102
Des sociétés d'avoués - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Lorsqu'un associé demande son retrait en application de l'article 21 de la loi précitée du 29 novembre 1966, la société dispose d'un délai de six mois à compter de la demande qui lui en est faite, dans l'une des formes prévues à l'article 27, par l'associé pour notifier à celui-ci, dans la même forme, un projet de cession ou de rachat de ses parts sociales.
Si les parties ne peuvent convenir d'un prix de cession, celui-ci est fixé conformément aux dispositions de l'article 101 (alinéa 2).
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LEGIARTI000006200492
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f0dc986acfb84918
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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103
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1969-11-27
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1992-01-21
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Toute convention par laquelle un associé cède la totalité de ses parts sociales à la société, aux autres associés ou à l'un ou plusieurs d'entre eux est portée à la connaissance du garde des sceaux, ministre de la justice, par la partie la plus diligente.
A cette fin, l'expédition ou la copie conforme de ladite convention est adressée en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance auquel est rattachée la société, en ce qui concerne les avoués près les cours d'appel au procureur général près la cour d'appel à laquelle est rattachée la société, avec toutes justifications utiles, y compris, s'il y a lieu, la délibération de l'assemblée des associés ayant décidé la réduction du capital social.
Le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général en ce qui concerne les avoués près les cours d'appel, transmet au garde des sceaux, ministre de la justice avec son rapport, l'ensemble des pièces et documents prévus à l'alinéa précédent.
Le cas échéant, le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général en ce qui concerne les avoués près les cours d'appel, invite le premier la chambre régionale, le second la chambre de discipline, par lettre recommandée avec demande d'avis de réception, à lui faire connaître leur avis sur l'opportunité de la suppression dudit office.
Dans ce cas les avis des organismes professionnels consultés sont recueillis et transmis au garde des sceaux, ministre de la justice, conformément aux dispositions de l'article 7 (alinéa 3) et de l'article 8.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 103
Des sociétés d'avoués - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
Toute convention par laquelle un associé cède la totalité de ses parts sociales à la société, aux autres associés ou à l'un ou plusieurs d'entre eux est portée à la connaissance du garde des sceaux, ministre de la justice, par la partie la plus diligente.
A cette fin, l'expédition ou la copie conforme de ladite convention est adressée en ce qui concerne les avoués près les tribunaux de grande instance, au procureur de la République près le tribunal de grande instance auquel est rattachée la société, en ce qui concerne les avoués près les cours d'appel au procureur général près la cour d'appel à laquelle est rattachée la société, avec toutes justifications utiles, y compris, s'il y a lieu, la délibération de l'assemblée des associés ayant décidé la réduction du capital social.
Le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général en ce qui concerne les avoués près les cours d'appel, transmet au garde des sceaux, ministre de la justice avec son rapport, l'ensemble des pièces et documents prévus à l'alinéa précédent.
Le cas échéant, le procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance, le procureur général en ce qui concerne les avoués près les cours d'appel, invite le premier la chambre régionale, le second la chambre de discipline, par lettre recommandée avec demande d'avis de réception, à lui faire connaître leur avis sur l'opportunité de la suppression dudit office.
Dans ce cas les avis des organismes professionnels consultés sont recueillis et transmis au garde des sceaux, ministre de la justice, conformément aux dispositions de l'article 7 (alinéa 3) et de l'article 8.
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LEGIARTI000006200497_1
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LEGIARTI000006200497
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a21e07be924f6d09
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 1 : Cessions entre vifs par un associé.
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107
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1969-11-27
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1992-01-21
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La société dispose d'un délai de six mois à compter du jour où la destitution d'un associé est devenue définitive, pour acquérir elle-même les parts sociales de cet associé, ou les faire acquérir par les autres associés.
Si les parties n'ont pu convenir d'un prix de cession, celui-ci est fixé conformément aux dispositions de l'article 101 (alinéa 2). Il est procédé pour le surplus suivant les dispositions de l'article 103 dans la mesure où celles-ci sont de nature à recevoir application.
Si l'associé refuse de signer l'acte de cession de ses parts, il est passé outre à son refus deux mois après la notification qui lui est adressée par la société dans l'une des formes prévues à l'article 27.
Sous réserve des règles de protection et de représentation des incapables, les dispositions du présent article sont applicables à la cession des parts sociales de l'associé frappé d'une interdiction légale ou judiciaire.
Les dispositions de l'article 106 sont applicables au successeur de l'associé destitué ou interdit.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 107
Des sociétés d'avoués - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions entre vifs par un associé.
La société dispose d'un délai de six mois à compter du jour où la destitution d'un associé est devenue définitive, pour acquérir elle-même les parts sociales de cet associé, ou les faire acquérir par les autres associés.
Si les parties n'ont pu convenir d'un prix de cession, celui-ci est fixé conformément aux dispositions de l'article 101 (alinéa 2). Il est procédé pour le surplus suivant les dispositions de l'article 103 dans la mesure où celles-ci sont de nature à recevoir application.
Si l'associé refuse de signer l'acte de cession de ses parts, il est passé outre à son refus deux mois après la notification qui lui est adressée par la société dans l'une des formes prévues à l'article 27.
Sous réserve des règles de protection et de représentation des incapables, les dispositions du présent article sont applicables à la cession des parts sociales de l'associé frappé d'une interdiction légale ou judiciaire.
Les dispositions de l'article 106 sont applicables au successeur de l'associé destitué ou interdit.
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LEGIARTI000006200502_1
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LEGIARTI000006200502
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9058671739eced7d
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 2 : Cessions et transmissions après décès.
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111
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 27, art. 100", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Code civil - art. 1868 (V)", "doc_id": "LEGIARTI000006444403", "number": "1868", "category": "CODE", "link_type": "CITATION", "text_doc_id": "LEGITEXT000006070721", "text_number": "", "link_direction": "source", "text_signature_date": "2999-01-01"}]
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Toute demande d'un ayant droit de l'associé décédé tendant à l'attribution préférentielle à son profit des parts sociales de son auteur est notifiée à la société et à chacun des associés dans l'une des formes prévues à l'article 27.
Si la société consent à cette attribution, le droit de présentation appartenant aux ayants droit de l'associé décédé est exercé par ceux-ci au bénéfice de l'attributaire, conformément au droit commun ; simultanément, une expédition ou une copie certifiée de l'acte de cession à l'attributaire des parts sociales de l'associé décédé est adressée au garde des sceaux, ministre de la justice, avec la justification du consentement exprès ou implicite donné par la société à ladite cession.
Si les parties n'ont pu convenir du prix de cession des parts sociales, ce prix est fixé selon les dispositions de l'article 1868 (alinéa 5) du Code civil.
Les dispositions de l'article 100 (alinéas 2 et 3) sont applicables à la cession consentie à l'ayant droit de l'associé décédé.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 111
Des sociétés d'avoués - Fonctionnement de la société - Cessions et transmissions de parts sociales - Cessions et transmissions après décès.
Toute demande d'un ayant droit de l'associé décédé tendant à l'attribution préférentielle à son profit des parts sociales de son auteur est notifiée à la société et à chacun des associés dans l'une des formes prévues à l'article 27.
Si la société consent à cette attribution, le droit de présentation appartenant aux ayants droit de l'associé décédé est exercé par ceux-ci au bénéfice de l'attributaire, conformément au droit commun ; simultanément, une expédition ou une copie certifiée de l'acte de cession à l'attributaire des parts sociales de l'associé décédé est adressée au garde des sceaux, ministre de la justice, avec la justification du consentement exprès ou implicite donné par la société à ladite cession.
Si les parties n'ont pu convenir du prix de cession des parts sociales, ce prix est fixé selon les dispositions de l'article 1868 (alinéa 5) du Code civil.
Les dispositions de l'article 100 (alinéas 2 et 3) sont applicables à la cession consentie à l'ayant droit de l'associé décédé.
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LEGIARTI000006200505_1
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LEGIARTI000006200505
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b1d01949fdf353bf
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section II : Cessions et transmissions de parts sociales - Paragraphe 3 : Publicité.
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113
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 38", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Les formalités prévues à l'article 38 sont applicables aux cessions ou transmissions de parts de sociétés régies par le présent titre.
A la diligence du procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance ou du procureur général en ce qui concerne les avoués près les cours d'appel, une copie de tout arrêté modifiant la composition desdites sociétés est déposée au greffe et versée au dossier.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 113
Des sociétés d'avoués - Fonctionnement de la société - Cessions et transmissions de parts sociales - Publicité.
Les formalités prévues à l'article 38 sont applicables aux cessions ou transmissions de parts de sociétés régies par le présent titre.
A la diligence du procureur de la République en ce qui concerne les avoués près les tribunaux de grande instance ou du procureur général en ce qui concerne les avoués près les cours d'appel, une copie de tout arrêté modifiant la composition desdites sociétés est déposée au greffe et versée au dossier.
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LEGIARTI000006200507
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f7392f17809e862b
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section III : Nomination de nouveaux associés - Augmentation du capital social - Prorogation de la société.
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114
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 42, art. 92 à 96", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Des avoués en exercice peuvent entrer dans la société soit en acquérant une fraction des parts sociales des autres associés, soit en souscrivant à une augmentation du capital social décidée par ceux-ci.
Les dispositions des articles 92 à 96 ainsi que celles de l'article 42 (alinéa 2 à 5) sont applicables à la modification des statuts résultant de l'application de l'alinéa précédent.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 114
Des sociétés d'avoués - Fonctionnement de la société - Nomination de nouveaux associés - Augmentation du capital social - Prorogation de la société.
Des avoués en exercice peuvent entrer dans la société soit en acquérant une fraction des parts sociales des autres associés, soit en souscrivant à une augmentation du capital social décidée par ceux-ci.
Les dispositions des articles 92 à 96 ainsi que celles de l'article 42 (alinéa 2 à 5) sont applicables à la modification des statuts résultant de l'application de l'alinéa précédent.
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LEGIARTI000006200510_1
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LEGIARTI000006200510
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df2c7d58503a2df0
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par les associés - Paragraphe 1 : Exercice de la profession, interdictions et incompatibilités diverses.
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116
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1969-11-27
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1992-01-21
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Sous réserve de l'application de celles du présent titre, toutes dispositions législatives ou réglementaires relatives à l'exercice individuel des fonctions d'avoué sont applicables aux associés.
Les dispositions de l'article 46 leur sont applicables.
Les associés doivent s'informer mutuellement de leur activité professionnelle. Les produits de cette activité sont acquis de plein droit à la société.
Dans les actes professionnels, chaque associé indique sa qualité d'avoué associé et la raison sociale de la société dont il fait partie.
La qualification de "société d'avoués" doit accompagner la raison sociale dans toutes correspondances et tous documents émanant de la société.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 116
Des sociétés d'avoués - Fonctionnement de la société - Exercice des fonctions d'avoués par les associés - Exercice de la profession, interdictions et incompatibilités diverses.
Sous réserve de l'application de celles du présent titre, toutes dispositions législatives ou réglementaires relatives à l'exercice individuel des fonctions d'avoué sont applicables aux associés.
Les dispositions de l'article 46 leur sont applicables.
Les associés doivent s'informer mutuellement de leur activité professionnelle. Les produits de cette activité sont acquis de plein droit à la société.
Dans les actes professionnels, chaque associé indique sa qualité d'avoué associé et la raison sociale de la société dont il fait partie.
La qualification de "société d'avoués" doit accompagner la raison sociale dans toutes correspondances et tous documents émanant de la société.
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LEGIARTI000006200512_1
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LEGIARTI000006200512
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b7fe9d99752e5558
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par les associés - Paragraphe 1 : Exercice de la profession, interdictions et incompatibilités diverses.
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117
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1969-11-27
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1992-01-21
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Les associés sont soumis aux incompatibilités et interdictions prévues à l'article 48 (alinéas 2 et 3).
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 117
Les associés sont soumis aux incompatibilités et interdictions prévues à l'article 48 (alinéas 2 et 3).
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LEGIARTI000006200517_1
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LEGIARTI000006200517
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3c92c39879688bda
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par les associés - Paragraphe 3 : Discipline - Suppléance.
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121
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 56, art. 108", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Les dispositions de l'article 56 (alinéa 1er) sont applicables à l'associé qui a été condamné, par une décision définitive, à une peine disciplinaire égale ou supérieure à trois mois de suspension.
Les parts sociales de cet associé sont cédées dans les conditions prévues à l'article 108.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 121
Des sociétés d'avoués - Fonctionnement de la société - Exercice des fonctions d'avoués par les associés - Discipline - Suppléance.
Les dispositions de l'article 56 (alinéa 1er) sont applicables à l'associé qui a été condamné, par une décision définitive, à une peine disciplinaire égale ou supérieure à trois mois de suspension.
Les parts sociales de cet associé sont cédées dans les conditions prévues à l'article 108.
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LEGIARTI000006200519_1
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LEGIARTI000006200519
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dec3573d2557d116
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par les associés - Paragraphe 3 : Discipline - Suppléance.
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122
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Ordonnance 45-1418 1945-06-28", "doc_id": "JORFTEXT000000705634", "number": "", "category": "ORDONNANCE", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000705634", "text_number": "45-1418", "link_direction": "source", "text_signature_date": "1945-06-28"}, {"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 57", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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L'associé suspendu de ses fonctions ne peut, pendant la durée de sa peine, exercer aucune activité professionnelle mais conserve sa qualité d'associé, avec tous les droits et obligations qui en découlent, à l'exclusion de la vocation aux bénéfices.
S'ils ne sont eux-mêmes suspendus ou destitués, les autres associés sont de plein droit administrateurs de l'office de l'associé suspendu.
Si tous les associés sont suspendus de leurs fonctions, un ou plusieurs administrateurs choisis parmi les personnes énumérées aux b, c et d de l'article 57 sont commis pour les remplacer, dans les conditions prévues par l'ordonnance précitée du 28 juin 1945. Leurs fonctions prennent fin à l'expiration de la moins élevée des peines prononcées contre les associés.
Les deux derniers alinéas de l'article 57 sont applicables à l'administrateur ou aux administrateurs remplaçant les associés suspendus.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 122
Des sociétés d'avoués - Fonctionnement de la société - Exercice des fonctions d'avoués par les associés - Discipline - Suppléance.
L'associé suspendu de ses fonctions ne peut, pendant la durée de sa peine, exercer aucune activité professionnelle mais conserve sa qualité d'associé, avec tous les droits et obligations qui en découlent, à l'exclusion de la vocation aux bénéfices.
S'ils ne sont eux-mêmes suspendus ou destitués, les autres associés sont de plein droit administrateurs de l'office de l'associé suspendu.
Si tous les associés sont suspendus de leurs fonctions, un ou plusieurs administrateurs choisis parmi les personnes énumérées aux b, c et d de l'article 57 sont commis pour les remplacer, dans les conditions prévues par l'ordonnance précitée du 28 juin 1945. Leurs fonctions prennent fin à l'expiration de la moins élevée des peines prononcées contre les associés.
Les deux derniers alinéas de l'article 57 sont applicables à l'administrateur ou aux administrateurs remplaçant les associés suspendus.
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LEGIARTI000006200521_1
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LEGIARTI000006200521
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fe5d7bc4b42a6a42
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par les associés - Paragraphe 3 : Discipline - Suppléance.
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123
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 58, art. 131", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Les dispositions de l'article 58 (alinéa 1er) sont applicables à l'associé destitué.
Les autres associés, s'ils ne sont pas eux-mêmes suspendus ou destitués, sont de plein droit administrateurs de l'office de l'associé frappé de destitution.
Les effets de la destitution de tous les associés sont régis par l'article 131.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 123
Des sociétés d'avoués - Fonctionnement de la société - Exercice des fonctions d'avoués par les associés - Discipline - Suppléance.
Les dispositions de l'article 58 (alinéa 1er) sont applicables à l'associé destitué.
Les autres associés, s'ils ne sont pas eux-mêmes suspendus ou destitués, sont de plein droit administrateurs de l'office de l'associé frappé de destitution.
Les effets de la destitution de tous les associés sont régis par l'article 131.
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LEGIARTI000006200523_1
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LEGIARTI000006200523
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00bcb1d22dcb3987
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre II : Fonctionnement de la société - Section IV : Exercice des fonctions d'avoués par les associés - Paragraphe 3 : Discipline - Suppléance.
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124
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1969-11-27
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1992-01-21
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Dans le cas où l'interdiction temporaire prévue par les dispositions de l'ordonnance précitée du 28 juin 1945 est prononcée contre l'un des associés ou certains d'entre eux, les autres associés sont de plein droit administrateurs de l'office ou des offices dont le ou les titulaires sont interdits temporairement.
La juridiction qui prononce l'interdiction temporaire de tous les associés désigne parmi les personnes énumérées aux paragraphes b, c et d de l'article 57 un nombre d'administrateurs suffisant pour accomplir les actes professionnels relevant du ministère obligatoire desdits associés.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 124
Des sociétés d'avoués - Fonctionnement de la société - Exercice des fonctions d'avoués par les associés - Discipline - Suppléance.
Dans le cas où l'interdiction temporaire prévue par les dispositions de l'ordonnance précitée du 28 juin 1945 est prononcée contre l'un des associés ou certains d'entre eux, les autres associés sont de plein droit administrateurs de l'office ou des offices dont le ou les titulaires sont interdits temporairement.
La juridiction qui prononce l'interdiction temporaire de tous les associés désigne parmi les personnes énumérées aux paragraphes b, c et d de l'article 57 un nombre d'administrateurs suffisant pour accomplir les actes professionnels relevant du ministère obligatoire desdits associés.
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LEGIARTI000006200526_1
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LEGIARTI000006200526
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d19c5ed123df3a2c
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre III : Nullité - Dissolution - Liquidation de la société.
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126
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1969-11-27
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 JORF 27 novembre 1969 rectificatif JORF 10 décembre 1969", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}, {"nor": "", "title": "Décret 69-1057 1969-11-20 art. 62", "doc_id": "JORFTEXT000000695716", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000695716", "text_number": "69-1057", "link_direction": "source", "text_signature_date": "1969-11-20"}]
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Les dispositions de l'article 62 (alinéa 1er) sont applicables aux sociétés régies par le présent, ainsi que celles de l'alinéa 2 dudit article en cas de destitution de tous les associés.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 126
Les dispositions de l'article 62 (alinéa 1er) sont applicables aux sociétés régies par le présent, ainsi que celles de l'alinéa 2 dudit article en cas de destitution de tous les associés.
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LEGIARTI000006200530_1
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LEGIARTI000006200530
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b4ee723d695921e0
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section I : Règles générales concernant la liquidation.
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129
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1969-11-27
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1992-01-21
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Un arrêté du garde des sceaux, ministre de la justice, visant la nullité ou la dissolution de la société, retire à celle-ci l'agrément prévu à l'article 93.
Le droit de présentation prévu à l'article 91 de la loi du 28 avril 1816 ne peut être exercé par chaque associé ou ses ayants droit avant la publication de l'arrêté prévu à l'alinéa précédent.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 129
Des sociétés d'avoués - Nullité - Dissolution - Liquidation de la société. - Règles générales concernant la liquidation.
Un arrêté du garde des sceaux, ministre de la justice, visant la nullité ou la dissolution de la société, retire à celle-ci l'agrément prévu à l'article 93.
Le droit de présentation prévu à l'article 91 de la loi du 28 avril 1816 ne peut être exercé par chaque associé ou ses ayants droit avant la publication de l'arrêté prévu à l'alinéa précédent.
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LEGIARTI000006200533_1
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LEGIARTI000006200533
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3180b3638ba55608
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables dans les cas de nullité et de dissolution de la société.
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131
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1969-11-27
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1992-01-21
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La société est dissoute de plein droit par la destitution de tous les associés.
La décision qui prononce cette destitution ordonne la liquidation de la société.
Les dispositions des articles 77 (alinéas 3 et 4) et 78 reçoivent application.
Les offices dont les associés destitués étaient titulaires ne peuvent être pourvus dans les conditions fixées par le décret précité du 20 janvier 1950, ni supprimés, avant la publication de l'arrêté prévu à l'article 129.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 131
Des sociétés d'avoués - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables dans les cas de nullité et de dissolution de la société.
La société est dissoute de plein droit par la destitution de tous les associés.
La décision qui prononce cette destitution ordonne la liquidation de la société.
Les dispositions des articles 77 (alinéas 3 et 4) et 78 reçoivent application.
Les offices dont les associés destitués étaient titulaires ne peuvent être pourvus dans les conditions fixées par le décret précité du 20 janvier 1950, ni supprimés, avant la publication de l'arrêté prévu à l'article 129.
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LEGIARTI000006200538_1
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LEGIARTI000006200538
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776d2c2f1f8e252c
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Article
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DECRET
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MODIFIE
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Décret n°69-1057 du 20 novembre 1969
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre II : Des sociétés d'avoués - Chapitre III : Nullité - Dissolution - Liquidation de la société. - Section II : Dispositions particulières applicables dans les cas de nullité et de dissolution de la société.
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134
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1969-11-27
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1992-01-21
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Pendant le délai prévu par l'article 26 (alinéa 2) de la loi précitée du 29 novembre 1966, l'associé unique peut céder une partie de ses parts sociales à un avoué en exercice satisfaisant aux conditions prescrites par l'article 92.
La cession doit être agréée par arrêté du garde des sceaux, ministre de la justice, modifiant l'arrêté d'agrément de la société. Les dispositions des articles 16, 94, 95 et 97 (alinéa 1er) reçoivent application.
Si, à l'expiration du délai susvisé, l'associé n'a pas fait usage de la faculté prévue par l'alinéa 1er ci-dessus, la société est dissoute de plein droit.
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Décret n°69-1057 du 20 novembre 1969 relatif à la profession d'avoué de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 134
Des sociétés d'avoués - Nullité - Dissolution - Liquidation de la société. - Dispositions particulières applicables dans les cas de nullité et de dissolution de la société.
Pendant le délai prévu par l'article 26 (alinéa 2) de la loi précitée du 29 novembre 1966, l'associé unique peut céder une partie de ses parts sociales à un avoué en exercice satisfaisant aux conditions prescrites par l'article 92.
La cession doit être agréée par arrêté du garde des sceaux, ministre de la justice, modifiant l'arrêté d'agrément de la société. Les dispositions des articles 16, 94, 95 et 97 (alinéa 1er) reçoivent application.
Si, à l'expiration du délai susvisé, l'associé n'a pas fait usage de la faculté prévue par l'alinéa 1er ci-dessus, la société est dissoute de plein droit.
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LEGIARTI000006200543_1
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LEGIARTI000006200543
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0be34c5bf13aecfa
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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1
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1970-01-11
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}]
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Le présent décret a pour objet de déterminer les conditions d'application à la profession d'huissier de justice des articles 1er à 32 et 37 de la loi susvisée du 29 novembre 1966 relative aux sociétés civiles professionnelles, en ce qui concerne les sociétés titulaires d'un office d'huissier de justice et les sociétés d'huissiers de justice.
Seules les sociétés régies par le présent décret peuvent comprendre dans leur objet la mise en commun et le partage des produits des offices.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 1
Le présent décret a pour objet de déterminer les conditions d'application à la profession d'huissier de justice des articles 1er à 32 et 37 de la loi susvisée du 29 novembre 1966 relative aux sociétés civiles professionnelles, en ce qui concerne les sociétés titulaires d'un office d'huissier de justice et les sociétés d'huissiers de justice.
Seules les sociétés régies par le présent décret peuvent comprendre dans leur objet la mise en commun et le partage des produits des offices.
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LEGIARTI000006200545_1
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LEGIARTI000006200545
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fcbcb8162dba3d8a
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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2
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1970-01-11
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1992-01-21
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[{"nor": "", "title": "Décret 56-221 1956-02-29 art. 5, art. 6, art. 7, art. 8, art. 9, art. 10", "doc_id": "JORFTEXT000000330883", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000330883", "text_number": "56-221", "link_direction": "source", "text_signature_date": "1956-02-29"}, {"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 67-1242 1967-12-22", "doc_id": "JORFTEXT000000852422", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000852422", "text_number": "67-1242", "link_direction": "source", "text_signature_date": "1967-12-22"}, {"nor": "", "title": "Décret 69-1274 1969-12-31 art. 1 à art. 89", "doc_id": "JORFTEXT000000849493", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000849493", "text_number": "69-1274", "link_direction": "source", "text_signature_date": "1969-12-31"}]
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Les dispositions du présent titre sont applicables aux sociétés titulaires d'un office d'huissier de justice dans lesquelles les associés exercent en commun leur profession.
Ces sociétés reçoivent la dénomination de " Société titulaire d'un office d'huissier de justice " et les associés ont le titre d'" huissier de justice associé ", à l'exclusion de celui d'" huissier de justice ".
Leur compétence territoriale est déterminée par les articles 5 à 10 du décret susvisé du 29 février 1956 et par le décret n° 67-1242 susvisé du 22 décembre 1967.
Leur création ne peut en aucun cas avoir pour effet de réduire le nombre des offices d'huissiers de justice au-dessous de celui qui est nécessaire à la bonne administration de la justice dans le ressort de la juridiction considérée.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 2
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
Les dispositions du présent titre sont applicables aux sociétés titulaires d'un office d'huissier de justice dans lesquelles les associés exercent en commun leur profession.
Ces sociétés reçoivent la dénomination de " Société titulaire d'un office d'huissier de justice " et les associés ont le titre d'" huissier de justice associé ", à l'exclusion de celui d'" huissier de justice ".
Leur compétence territoriale est déterminée par les articles 5 à 10 du décret susvisé du 29 février 1956 et par le décret n° 67-1242 susvisé du 22 décembre 1967.
Leur création ne peut en aucun cas avoir pour effet de réduire le nombre des offices d'huissiers de justice au-dessous de celui qui est nécessaire à la bonne administration de la justice dans le ressort de la juridiction considérée.
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LEGIARTI000006200546_1
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LEGIARTI000006200546
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912292af7d6281d0
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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2
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1992-01-21
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2016-11-11
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Les dispositions du présent titre sont applicables aux sociétés titulaires d'un office d'huissier de justice dans lesquelles les associés exercent en commun leur profession.
Ces sociétés reçoivent la appellation de " Société titulaire d'un office d'huissier de justice " et les associés ont le titre d'" huissier de justice associé ", à l'exclusion de celui d'" huissier de justice ".
Leur compétence territoriale est déterminée par les articles 5 à 10 du décret susvisé du 29 février 1956 et par le décret n° 67-1242 susvisé du 22 décembre 1967.
Leur création ne peut en aucun cas avoir pour effet de réduire le nombre des offices d'huissiers de justice au-dessous de celui qui est nécessaire à la bonne administration de la justice dans le ressort de la juridiction considérée.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 2
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
Les dispositions du présent titre sont applicables aux sociétés titulaires d'un office d'huissier de justice dans lesquelles les associés exercent en commun leur profession.
Ces sociétés reçoivent la appellation de " Société titulaire d'un office d'huissier de justice " et les associés ont le titre d'" huissier de justice associé ", à l'exclusion de celui d'" huissier de justice ".
Leur compétence territoriale est déterminée par les articles 5 à 10 du décret susvisé du 29 février 1956 et par le décret n° 67-1242 susvisé du 22 décembre 1967.
Leur création ne peut en aucun cas avoir pour effet de réduire le nombre des offices d'huissiers de justice au-dessous de celui qui est nécessaire à la bonne administration de la justice dans le ressort de la juridiction considérée.
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LEGIARTI000006200547_1
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LEGIARTI000006200547
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b73721bd9d4bd6ac
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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3
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1970-01-11
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1992-01-21
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I - Les personnes physiques titulaires d'offices d'huissiers de justice situés dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans les ressorts des tribunaux de grande instance de Paris, Bobigny et Nanterre, dans le ressort de ces juridictions, peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'huissier de justice créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
c) Soit dans un office existant situé dans le même ressort, les offices dont les huissiers de justice ou certains d'entre eux sont titulaires étant simultanément supprimés.
II - Une personne physique titulaire d'un office d'huissier de justice peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice une société civile professionnelle qui peut être nommée :
Soit dans cet office dont le siège peut le cas échéant être immédiatement transféré à l'intérieur du ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction ;
Soit, ledit office étant supprimé, dans un autre office existant dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction.
III - Des personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, mais qui ne sont pas titulaires d'un office d'huissier de justice, peuvent constituer entre elles une société civile professionnelle qui peut être nommée huissier de justice, soit en remplacement du titulaire d'un office existant, soit dans un office créé sous réserve que soit remplie, par l'une au moins de ces personnes, la condition prévue à l'article 4 ci-après *associé classé premier à l'examen prévu par le décret n° 50-97 du 20 janvier 1950*.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 3
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
I - Les personnes physiques titulaires d'offices d'huissiers de justice situés dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans les ressorts des tribunaux de grande instance de Paris, Bobigny et Nanterre, dans le ressort de ces juridictions, peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'huissier de justice créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
c) Soit dans un office existant situé dans le même ressort, les offices dont les huissiers de justice ou certains d'entre eux sont titulaires étant simultanément supprimés.
II - Une personne physique titulaire d'un office d'huissier de justice peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice une société civile professionnelle qui peut être nommée :
Soit dans cet office dont le siège peut le cas échéant être immédiatement transféré à l'intérieur du ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction ;
Soit, ledit office étant supprimé, dans un autre office existant dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction.
III - Des personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, mais qui ne sont pas titulaires d'un office d'huissier de justice, peuvent constituer entre elles une société civile professionnelle qui peut être nommée huissier de justice, soit en remplacement du titulaire d'un office existant, soit dans un office créé sous réserve que soit remplie, par l'une au moins de ces personnes, la condition prévue à l'article 4 ci-après *associé classé premier à l'examen prévu par le décret n° 50-97 du 20 janvier 1950*.
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LEGIARTI000006200548_1
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LEGIARTI000006200548
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4a13fae1b2b30b55
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination. - Paragraphe 1 : Société titulaire d'un office constituée par des personnes physiques.
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3
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1992-01-21
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2009-01-01
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1274 1969-12-31 art. 4", "doc_id": "JORFTEXT000000849493", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000849493", "text_number": "69-1274", "link_direction": "source", "text_signature_date": "1969-12-31"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 2 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202040", "number": "2", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}]
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I - Les personnes physiques titulaires d'offices d'huissiers de justice situés dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans les ressorts des tribunaux de grande instance de Paris, Bobigny et Nanterre, dans le ressort de ces juridictions, peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'huissier de justice créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
c) Soit dans un office existant situé dans le même ressort, les offices dont les huissiers de justice ou certains d'entre eux sont titulaires étant simultanément supprimés.
II - Une personne physique titulaire d'un office d'huissier de justice peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice une société civile professionnelle qui peut être nommée :
Soit dans cet office dont le siège peut le cas échéant être immédiatement transféré à l'intérieur du ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction ;
Soit, ledit office étant supprimé, dans un autre office existant dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction.
III - Des personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, mais qui ne sont pas titulaires d'un office d'huissier de justice, peuvent constituer entre elles une société civile professionnelle qui peut être nommée huissier de justice, soit en remplacement du titulaire d'un office existant, soit dans un office créé sous réserve que soit remplie, par l'une au moins de ces personnes, la condition prévue à l'article 4 ci-après *associé classé premier à l'examen prévu par le décret n° 50-97 du 20 janvier 1950*.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 3
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination. - Société titulaire d'un office constituée par des personnes physiques.
I - Les personnes physiques titulaires d'offices d'huissiers de justice situés dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans les ressorts des tribunaux de grande instance de Paris, Bobigny et Nanterre, dans le ressort de ces juridictions, peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'huissier de justice créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
c) Soit dans un office existant situé dans le même ressort, les offices dont les huissiers de justice ou certains d'entre eux sont titulaires étant simultanément supprimés.
II - Une personne physique titulaire d'un office d'huissier de justice peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice une société civile professionnelle qui peut être nommée :
Soit dans cet office dont le siège peut le cas échéant être immédiatement transféré à l'intérieur du ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction ;
Soit, ledit office étant supprimé, dans un autre office existant dans le ressort du même tribunal d'instance ou, en ce qui concerne les huissiers de justice résidant dans le ressort du tribunal de grande instance de Paris, à l'intérieur du ressort de cette juridiction.
III - Des personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, mais qui ne sont pas titulaires d'un office d'huissier de justice, peuvent constituer entre elles une société civile professionnelle qui peut être nommée huissier de justice, soit en remplacement du titulaire d'un office existant, soit dans un office créé sous réserve que soit remplie, par l'une au moins de ces personnes, la condition prévue à l'article 4 ci-après *associé classé premier à l'examen prévu par le décret n° 50-97 du 20 janvier 1950*.
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination. - Paragraphe 1 : Société titulaire d'un office constituée par des personnes physiques.
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3
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2009-01-01
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2016-11-11
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "JUSC0753766D", "title": "Décret n°2007-813 du 11 mai 2007 - art. 2 () JORF 12 mai 2007 en vigueur le 1er janvier 2009", "doc_id": "LEGIARTI000006264536", "number": "2", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000617849", "text_number": "2007-813", "link_direction": "source", "text_signature_date": "2007-05-11"}]
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I - Les personnes physiques titulaires d'offices d'huissiers de justice situés dans le ressort du même tribunal de grande instance peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'huissier de justice créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
c) Soit dans un office existant situé dans le même ressort, les offices dont les huissiers de justice ou certains d'entre eux sont titulaires étant simultanément supprimés.
II - Une personne physique titulaire d'un office d'huissier de justice peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice une société civile professionnelle qui peut être nommée :
Soit dans cet office dont le siège peut le cas échéant être immédiatement transféré à l'intérieur du ressort du même tribunal de grande instance ;
Soit, ledit office étant supprimé, dans un autre office existant dans le ressort du même tribunal de grande instance.
III - Des personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, mais qui ne sont pas titulaires d'un office d'huissier de justice, peuvent constituer entre elles une société civile professionnelle qui peut être nommée huissier de justice, soit en remplacement du titulaire d'un office existant, soit dans un office créé sous réserve que soit remplie, par l'une au moins de ces personnes, la condition prévue à l'article 4 ci-après.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 3
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination. - Société titulaire d'un office constituée par des personnes physiques.
I - Les personnes physiques titulaires d'offices d'huissiers de justice situés dans le ressort du même tribunal de grande instance peuvent constituer entre elles ou avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, une société civile professionnelle qui peut être nommée :
a) Soit dans un office d'huissier de justice créé dans le même ressort, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
b) Soit dans l'office dont l'un des associés est titulaire, en remplacement de cet associé, les offices dont les associés ou certains d'entre eux sont titulaires étant simultanément supprimés ;
c) Soit dans un office existant situé dans le même ressort, les offices dont les huissiers de justice ou certains d'entre eux sont titulaires étant simultanément supprimés.
II - Une personne physique titulaire d'un office d'huissier de justice peut également constituer avec une ou plusieurs personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice une société civile professionnelle qui peut être nommée :
Soit dans cet office dont le siège peut le cas échéant être immédiatement transféré à l'intérieur du ressort du même tribunal de grande instance ;
Soit, ledit office étant supprimé, dans un autre office existant dans le ressort du même tribunal de grande instance.
III - Des personnes physiques remplissant les conditions requises pour exercer la profession d'huissier de justice, mais qui ne sont pas titulaires d'un office d'huissier de justice, peuvent constituer entre elles une société civile professionnelle qui peut être nommée huissier de justice, soit en remplacement du titulaire d'un office existant, soit dans un office créé sous réserve que soit remplie, par l'une au moins de ces personnes, la condition prévue à l'article 4 ci-après.
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LEGIARTI000006200550_1
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LEGIARTI000006200550
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c683679861afbb16
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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4
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1970-01-11
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1992-01-21
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[{"nor": "", "title": "Décret 50-97 1950-01-20 art. 2", "doc_id": "", "number": "", "category": "", "link_type": "CITATION", "text_doc_id": "", "text_number": "", "link_direction": "source", "text_signature_date": ""}, {"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}]
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Dans le cas prévu à l'article 2 du décret susvisé du 20 janvier 1950, où il n'a pu être pourvu à une vacance par le droit de présentation, une société civile professionnelle d'huissier de justice peut être nommée titulaire d'un office vacant si l'un des associés a été classé premier à l'examen prévu par ledit décret.
Une telle société peut également être nommée titulaire d'un office créé si l'un au moins des associés remplit les conditions requises.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 4
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
Dans le cas prévu à l'article 2 du décret susvisé du 20 janvier 1950, où il n'a pu être pourvu à une vacance par le droit de présentation, une société civile professionnelle d'huissier de justice peut être nommée titulaire d'un office vacant si l'un des associés a été classé premier à l'examen prévu par ledit décret.
Une telle société peut également être nommée titulaire d'un office créé si l'un au moins des associés remplit les conditions requises.
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LEGIARTI000006200551_1
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LEGIARTI000006200551
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9f3dbcd2034d81a8
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination. - Paragraphe 1 : Société titulaire d'un office constituée par des personnes physiques.
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4
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1992-01-21
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2016-11-11
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret n°75-770 du 14 août 1975 - art. 34 (V)", "doc_id": "LEGIARTI000006924241", "number": "34", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000876235", "text_number": "75-770", "link_direction": "source", "text_signature_date": "1975-08-14"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 2 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202040", "number": "2", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 3 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202041", "number": "3", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}]
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La nomination d'une société régie par les dispositions de l'article 3 à un office créé ou vacant est faite dans les conditions prévues aux articles 27 à 34 du décret n° 75-770 du 14 août 1975.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 4
La nomination d'une société régie par les dispositions de l'article 3 à un office créé ou vacant est faite dans les conditions prévues aux articles 27 à 34 du décret n° 75-770 du 14 août 1975.
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LEGIARTI000006200552_1
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LEGIARTI000006200552
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8092572e1f61df34
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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5
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1970-01-11
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1992-01-21
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La nomination d'une société civile professionnelle dans un office d'huissier de justice et la nomination de chacun des associés en qualité d'huissier de justice associé sont prononcées par arrêté du garde des sceaux, ministre de la justice, pris après les consultations prévues aux articles 7 et 8.
L'acceptation de la démission des huissiers de justice intéressés, la suppression, la cession à la société ou le transfert des offices dont ils sont titulaires, le transfert des minutes de ces offices ainsi que la création éventuelle de l'office dont la société sera titulaire sont prononcés par le même arrêté.
Les créations d'offices décidées en application de l'article 3 et dernier alinéa) ne sont pas subordonnées à l'avis de la chambre nationale prévu par l'article 2 (2e alinéa) du décret susvisé du 29 février 1956.
Les suppressions ou les transferts d'offices, décidés en application des dispositions de l'article 3 (1er et 2e alinéa) ne sont pas subordonnés à l'avis des tribunaux de grande instance prévu par l'article 2 (alinéa 1er) du décret précité du 29 février 1956.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 5
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
La nomination d'une société civile professionnelle dans un office d'huissier de justice et la nomination de chacun des associés en qualité d'huissier de justice associé sont prononcées par arrêté du garde des sceaux, ministre de la justice, pris après les consultations prévues aux articles 7 et 8.
L'acceptation de la démission des huissiers de justice intéressés, la suppression, la cession à la société ou le transfert des offices dont ils sont titulaires, le transfert des minutes de ces offices ainsi que la création éventuelle de l'office dont la société sera titulaire sont prononcés par le même arrêté.
Les créations d'offices décidées en application de l'article 3 et dernier alinéa) ne sont pas subordonnées à l'avis de la chambre nationale prévu par l'article 2 (2e alinéa) du décret susvisé du 29 février 1956.
Les suppressions ou les transferts d'offices, décidés en application des dispositions de l'article 3 (1er et 2e alinéa) ne sont pas subordonnés à l'avis des tribunaux de grande instance prévu par l'article 2 (alinéa 1er) du décret précité du 29 février 1956.
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LEGIARTI000006200553_1
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LEGIARTI000006200553
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36f475e1de08a7cd
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination. - Paragraphe 1 : Société titulaire d'un office constituée par des personnes physiques.
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5
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1992-01-21
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2016-11-11
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1274 1969-12-31 art. 7, art. 8", "doc_id": "JORFTEXT000000849493", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000849493", "text_number": "69-1274", "link_direction": "source", "text_signature_date": "1969-12-31"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 2 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202040", "number": "2", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 82 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202120", "number": "82", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}]
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La nomination d'une société civile professionnelle dans un office d'huissier de justice et la nomination de chacun des associés en qualité d'huissier de justice associé sont prononcées par arrêté du garde des sceaux, ministre de la justice, pris après les consultations prévues aux articles 7 et 8.
L'acceptation de la démission des huissiers de justice intéressés, la suppression, la cession à la société ou le transfert des offices dont ils sont titulaires, le transfert des minutes de ces offices ainsi que la création éventuelle de l'office dont la société sera titulaire sont prononcés par le même arrêté.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 5
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination. - Société titulaire d'un office constituée par des personnes physiques.
La nomination d'une société civile professionnelle dans un office d'huissier de justice et la nomination de chacun des associés en qualité d'huissier de justice associé sont prononcées par arrêté du garde des sceaux, ministre de la justice, pris après les consultations prévues aux articles 7 et 8.
L'acceptation de la démission des huissiers de justice intéressés, la suppression, la cession à la société ou le transfert des offices dont ils sont titulaires, le transfert des minutes de ces offices ainsi que la création éventuelle de l'office dont la société sera titulaire sont prononcés par le même arrêté.
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LEGIARTI000006200554_1
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LEGIARTI000006200554
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e21027ca9cd64c04
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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6
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1970-01-11
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1274 1969-12-31 JORF 11 janvier 1970 rectificatif JORF 21 janvier 1970", "doc_id": "JORFTEXT000000849493", "number": "", "category": "DECRET", "link_type": "CREATION", "text_doc_id": "JORFTEXT000000849493", "text_number": "69-1274", "link_direction": "source", "text_signature_date": "1969-12-31"}]
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La société est constituée sous la condition suspensive de son agrément et de sa nomination par le garde des sceaux, ministre de la justice.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 6
La société est constituée sous la condition suspensive de son agrément et de sa nomination par le garde des sceaux, ministre de la justice.
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LEGIARTI000006200556_1
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LEGIARTI000006200556
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8778cf4804dce69c
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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7
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1970-01-11
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1992-01-21
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Toute demande d'agrément et de nomination d'une société civile professionnelle d'huissier de justice est présentée par les associés au garde des sceaux, ministre de la justice. Elle est adressée, avec toutes pièces justificatives, au procureur de la République près le tribunal de grande instance dans le ressort duquel est ou doit être fixé le siège de l'office dont la société sera titulaire.
Dès réception de cette demande, le procureur de la République en saisit la chambre départementale, par lettre recommandée avec demande d'avis de réception, et l'invite à lui faire parvenir son avis motivé sur l'opportunité de nommer la société, sur la moralité, la valeur professionnelle et le nombre des associés ainsi que le cas échéant sur :
a) Le choix du siège de l'office dont la société sera titulaire ; b) La valeur des apports visés aux a, b, c de l'article 13 et effectués par les associés ou certains d'entre eux ; c) Les avantages et inconvénients des suppressions, transferts et créations d'offices sollicités ;
d) L'opportunité d'autoriser la société à ouvrir des bureaux secondaires prévus à l'article 10.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 7
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
Toute demande d'agrément et de nomination d'une société civile professionnelle d'huissier de justice est présentée par les associés au garde des sceaux, ministre de la justice. Elle est adressée, avec toutes pièces justificatives, au procureur de la République près le tribunal de grande instance dans le ressort duquel est ou doit être fixé le siège de l'office dont la société sera titulaire.
Dès réception de cette demande, le procureur de la République en saisit la chambre départementale, par lettre recommandée avec demande d'avis de réception, et l'invite à lui faire parvenir son avis motivé sur l'opportunité de nommer la société, sur la moralité, la valeur professionnelle et le nombre des associés ainsi que le cas échéant sur :
a) Le choix du siège de l'office dont la société sera titulaire ; b) La valeur des apports visés aux a, b, c de l'article 13 et effectués par les associés ou certains d'entre eux ; c) Les avantages et inconvénients des suppressions, transferts et créations d'offices sollicités ;
d) L'opportunité d'autoriser la société à ouvrir des bureaux secondaires prévus à l'article 10.
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68efc7c808ced109
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination. - Paragraphe 1 : Société titulaire d'un office constituée par des personnes physiques.
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1992-01-21
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2009-05-01
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 2 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202040", "number": "2", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 5 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202043", "number": "5", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}]
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Toute demande de nomination d'une société régie par le présent titre est présentée collectivement par les futurs associés au garde des sceaux, ministre de la justice.
La demande est adressée au procureur de la République près le tribunal de grande instance dans le ressort duquel est ou doit être fixé le siège de l'office dont la société sera titulaire. Elle est accompagnée de toutes pièces justificatives, et notamment d'une attestation du greffier du tribunal de commerce ou du tribunal de grande instance statuant commercialement du lieu du siège social, constatant le dépôt au greffe de la demande et des pièces nécessaires à l'immatriculation ultérieure de la société au registre du commerce et des sociétés ainsi que, lorsqu'un ou plusieurs des futurs associés doit contracter un emprunt, du plan de financement prévoyant de manière détaillée les conditions dans lesquelles chacun d'eux entend faire face à ses échéances en fonction de ses revenus et d'un budget prévisionnel.
Le procureur de la République saisit la chambre départementale par lettre recommandée avec demande d'avis de réception et l'invite à lui faire parvenir son avis motivé sur la demande.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 7
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination. - Société titulaire d'un office constituée par des personnes physiques.
Toute demande de nomination d'une société régie par le présent titre est présentée collectivement par les futurs associés au garde des sceaux, ministre de la justice.
La demande est adressée au procureur de la République près le tribunal de grande instance dans le ressort duquel est ou doit être fixé le siège de l'office dont la société sera titulaire. Elle est accompagnée de toutes pièces justificatives, et notamment d'une attestation du greffier du tribunal de commerce ou du tribunal de grande instance statuant commercialement du lieu du siège social, constatant le dépôt au greffe de la demande et des pièces nécessaires à l'immatriculation ultérieure de la société au registre du commerce et des sociétés ainsi que, lorsqu'un ou plusieurs des futurs associés doit contracter un emprunt, du plan de financement prévoyant de manière détaillée les conditions dans lesquelles chacun d'eux entend faire face à ses échéances en fonction de ses revenus et d'un budget prévisionnel.
Le procureur de la République saisit la chambre départementale par lettre recommandée avec demande d'avis de réception et l'invite à lui faire parvenir son avis motivé sur la demande.
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LEGIARTI000006200558_1
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LEGIARTI000006200558
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d882089db9c3f1d8
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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8
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1970-01-11
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1274 1969-12-31 art. 5, art. 7", "doc_id": "JORFTEXT000000849493", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000849493", "text_number": "69-1274", "link_direction": "source", "text_signature_date": "1969-12-31"}]
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Huit jours au moins avant la date fixée pour sa délibération, la chambre saisie informe les intéressés qu'ils doivent, soit par eux-mêmes, soit par un mandataire de leur choix, présenter, lors de cette délibération, toutes explications orales ou écrites relatives à la constitution de la société dont il s'agit.
Si, quarante-cinq jours après sa saisine, la chambre n'a pas adressé au procureur de la République l'avis qui lui a été demandé, il est passé outre et l'avis est tenu pour favorable.
Après réception de l'avis demandé à la chambre ou après expiration du délai fixé par l'alinéa précédent, le procureur de la République transmet au procureur général, avec son rapport, l'ensemble des documents et pièces justificatives.
Simultanément il saisit la chambre régionale des huissiers de justice dans la même forme et aux mêmes fins que celles indiquées à l'article 7 en lui communiquant l'avis de la chambre départementale.
Dans les quinze jours suivant sa saisine, la chambre régionale informe la chambre nationale des huissiers de justice du projet de constitution de la société qui lui est soumis.
La chambre régionale se prononce dans les conditions prévues aux alinéas 1er et 2. Son avis est adressé au procureur général.
Après réception de cet avis ou après expiration du délai de quarante-cinq jours prévu à l'alinéa 2 ci-dessus, le procureur général transmet au garde des sceaux, ministre de la justice, avec son rapport, l'ensemble des pièces et documents.
Au vu de ces pièces et documents, le garde des sceaux, ministre de la justice, s'il entend donner son agrément à la constitution de la société, prend l'arrêté prévu à l'article 5.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 8
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
Huit jours au moins avant la date fixée pour sa délibération, la chambre saisie informe les intéressés qu'ils doivent, soit par eux-mêmes, soit par un mandataire de leur choix, présenter, lors de cette délibération, toutes explications orales ou écrites relatives à la constitution de la société dont il s'agit.
Si, quarante-cinq jours après sa saisine, la chambre n'a pas adressé au procureur de la République l'avis qui lui a été demandé, il est passé outre et l'avis est tenu pour favorable.
Après réception de l'avis demandé à la chambre ou après expiration du délai fixé par l'alinéa précédent, le procureur de la République transmet au procureur général, avec son rapport, l'ensemble des documents et pièces justificatives.
Simultanément il saisit la chambre régionale des huissiers de justice dans la même forme et aux mêmes fins que celles indiquées à l'article 7 en lui communiquant l'avis de la chambre départementale.
Dans les quinze jours suivant sa saisine, la chambre régionale informe la chambre nationale des huissiers de justice du projet de constitution de la société qui lui est soumis.
La chambre régionale se prononce dans les conditions prévues aux alinéas 1er et 2. Son avis est adressé au procureur général.
Après réception de cet avis ou après expiration du délai de quarante-cinq jours prévu à l'alinéa 2 ci-dessus, le procureur général transmet au garde des sceaux, ministre de la justice, avec son rapport, l'ensemble des pièces et documents.
Au vu de ces pièces et documents, le garde des sceaux, ministre de la justice, s'il entend donner son agrément à la constitution de la société, prend l'arrêté prévu à l'article 5.
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LEGIARTI000006200559_1
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LEGIARTI000006200559
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e0328b335dbb5a5f
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination. - Paragraphe 1 : Société titulaire d'un office constituée par des personnes physiques.
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8
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1992-01-21
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2009-05-01
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1274 1969-12-31 art. 5", "doc_id": "JORFTEXT000000849493", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000849493", "text_number": "69-1274", "link_direction": "source", "text_signature_date": "1969-12-31"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 2 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202040", "number": "2", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}, {"nor": "JUSC9220003D", "title": "Décret n°92-65 du 20 janvier 1992 - art. 6 () JORF 21 janvier 1992", "doc_id": "LEGIARTI000006202044", "number": "6", "category": "DECRET", "link_type": "MODIFICATION", "text_doc_id": "JORFTEXT000000709819", "text_number": "92-65", "link_direction": "source", "text_signature_date": "1992-01-20"}]
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Huit jours au moins avant la date fixée pour sa délibération, la chambre saisie informe les intéressés qu'ils doivent, soit par eux-mêmes, soit par un mandataire de leur choix, présenter, lors de cette délibération, toutes explications orales ou écrites relatives à la constitution de la société dont il s'agit.
Si, quarante-cinq jours après sa saisine, la chambre n'a pas adressé au procureur de la République l'avis qui lui a été demandé, il est passé outre et l'avis est tenu pour favorable.
Après réception de l'avis demandé à la chambre ou après expiration du délai fixé par l'alinéa précédent, le procureur de la République transmet au procureur général, avec son rapport, l'ensemble des documents et pièces justificatives.
Le procureur général informe la chambre régionale des huissiers de justice du projet de constitution de société qui lui est soumis ; il peut, s'il l'estime utile, lui demander son avis. Dans ce cas, la chambre régionale se prononce dans les conditions prévues aux premier et deuxième alinéas. Le procureur général transmet ensuite au garde des sceaux, ministre de la justice, avec son rapport, l'ensemble des pièces et documents.
Au vu de ces pièces et documents, le garde des sceaux, ministre de la justice, s'il entend donner son agrément à la constitution de la société, prend l'arrêté prévu à l'article 5.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 8
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination. - Société titulaire d'un office constituée par des personnes physiques.
Huit jours au moins avant la date fixée pour sa délibération, la chambre saisie informe les intéressés qu'ils doivent, soit par eux-mêmes, soit par un mandataire de leur choix, présenter, lors de cette délibération, toutes explications orales ou écrites relatives à la constitution de la société dont il s'agit.
Si, quarante-cinq jours après sa saisine, la chambre n'a pas adressé au procureur de la République l'avis qui lui a été demandé, il est passé outre et l'avis est tenu pour favorable.
Après réception de l'avis demandé à la chambre ou après expiration du délai fixé par l'alinéa précédent, le procureur de la République transmet au procureur général, avec son rapport, l'ensemble des documents et pièces justificatives.
Le procureur général informe la chambre régionale des huissiers de justice du projet de constitution de société qui lui est soumis ; il peut, s'il l'estime utile, lui demander son avis. Dans ce cas, la chambre régionale se prononce dans les conditions prévues aux premier et deuxième alinéas. Le procureur général transmet ensuite au garde des sceaux, ministre de la justice, avec son rapport, l'ensemble des pièces et documents.
Au vu de ces pièces et documents, le garde des sceaux, ministre de la justice, s'il entend donner son agrément à la constitution de la société, prend l'arrêté prévu à l'article 5.
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3c45f4d71da42293
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Article
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DECRET
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MODIFIE
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Décret n° 69-1274 du 31 décembre 1969
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles
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Titre Ier : Des sociétés titulaires d'un office d'huissier de justice - Chapitre Ier : Constitution de la société - Section I : Dispositions générales - Agrément et nomination.
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9
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1970-01-11
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1992-01-21
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[{"nor": "", "title": "Loi 66-879 1966-11-29 art. 1 à art. 32, art. 37", "doc_id": "JORFTEXT000000692471", "number": "", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 16 (V)", "doc_id": "LEGIARTI000006290516", "number": "16", "category": "LOI", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Loi n°66-879 du 29 novembre 1966 - art. 37 (V)", "doc_id": "LEGIARTI000006290590", "number": "37", "category": "LOI", "link_type": "TXT_SOURCE", "text_doc_id": "JORFTEXT000000692471", "text_number": "66-879", "link_direction": "source", "text_signature_date": "1966-11-29"}, {"nor": "", "title": "Décret 69-1274 1969-12-31 art. 3, art. 16, art. 86, art. 87, art. 88, art. 89", "doc_id": "JORFTEXT000000849493", "number": "", "category": "DECRET", "link_type": "CITATION", "text_doc_id": "JORFTEXT000000849493", "text_number": "69-1274", "link_direction": "source", "text_signature_date": "1969-12-31"}]
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Il n'est dû aucune indemnisation à raison des suppressions, transferts et créations d'offices d'huissier de justice résultant de la constitution des sociétés régies par le présent titre. La même règle est applicable dans le cas de nomination d'un nouvel associé antérieurement titulaire d'un office d'huissier de justice et dans le cas de la dissolution de ces sociétés.
Toutefois, peuvent donner lieu à indemnisation :
La création d'un office supplémentaire, dans le cas prévu à l'article 3 (alinéa III) ;
La suppression de l'office dont la société est titulaire lorsque aucun associé ne bénéficie d'une nomination dans un office créé en application des dispositions de l'article 16 (dernier alinéa) de la loi précitée du 29 novembre 1966 et des articles 86 à 89 du présent décret.
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Décret n° 69-1274 du 31 décembre 1969 portant règlement d'administration publique pour l'application à la profession d'huissier de justice de la loi n° 66-879 du 29 novembre 1966 relative aux sociétés civiles professionnelles - Article 9
Des sociétés titulaires d'un office d'huissier de justice - Constitution de la société - Dispositions générales - Agrément et nomination.
Il n'est dû aucune indemnisation à raison des suppressions, transferts et créations d'offices d'huissier de justice résultant de la constitution des sociétés régies par le présent titre. La même règle est applicable dans le cas de nomination d'un nouvel associé antérieurement titulaire d'un office d'huissier de justice et dans le cas de la dissolution de ces sociétés.
Toutefois, peuvent donner lieu à indemnisation :
La création d'un office supplémentaire, dans le cas prévu à l'article 3 (alinéa III) ;
La suppression de l'office dont la société est titulaire lorsque aucun associé ne bénéficie d'une nomination dans un office créé en application des dispositions de l'article 16 (dernier alinéa) de la loi précitée du 29 novembre 1966 et des articles 86 à 89 du présent décret.
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