NOMINATION AND TAKING THE OATH OF THE BAILIFF


You have passed your professional examination. You must wait for your official nomination (article 35 Decree n° 75-770 of 14 August 1975).

In the month of their nomination, bailiffs take the oath before the High Court (tribunal de grande instance), by stating the following “I swear to honestly fulfil my office faithfully and loyally and to follow all the duties that they impose on me” They may not practice their profession until they have taken the oath.

Before commencing practice, bailiffs file their signature and their initials with the Registrar of the High Court where their office is situated (article 36 Decree n°75-770 of 14 August 1975).

SETTING UP IN PRACTICE

Professional practice structures
The practice of the bailiff’s profession may be accomplished according to two main types of structure which determine the type of office the bailiff will hold :

INDIVIDUAL PRACTICE

PRACTICE IN A STRUCTURE
*A civil professional company structure (Société Civile Professionnelle - SCP)
*A type of general partnership (Société d'Exercice Libéral - SEL)
*A type of limited liability partnership (Société d'Exercice Libéral A Responsabilité Limitée - SELARL)
*A type of partnership (Société en participation d'exercice libéral)

Finding and financing your office
After having chosen the method of practicing, comes the time to find the office. Offices may be left vacant after a resignation or due to the bankruptcy or death of a titleholder; new offices may be created by the State.

Requests for creating new offices, the closing down and transfer of bailiffs’ offices are dealt with by the Committee for the localization of Bailiffs’ Offices.

Transfer files
From now on transfer files are downloaded from the Ministry of Justice website www.transmission-office-ministeriel.justice.gouv.fr for completion and return to the Public Prosecutor of the Republic.

To maximize the possibility of acquiring your office, it is recommended to start by an analysis of it : download the procedure for analyzing an office.

An auto-financial balance sheet is recommended for a young newly qualified in order to know the approximate amount that s/he intends to invest in the purchase of an office. The Loan fund (La Caisse de Prêts) of the National Chamber of Bailiffs can help you to finance your office..

I already have a CDP file:


Conditions for obtaining a loan
The Loan fund, as its name implies, serves to agree loans at a beneficial interest rate, adjusted to take into account insurance contributions, to enable the purchase of offices or shares in civil professional bailiff companies.

A guarantee is required and proof of solvency must be provided.

The insurance convers death, permanent disability and illness during a period of 2 years with an excess relative (*) to 3 months.
(*) Illness of less than 3 months : not covered
(*) Illness of more than 3 months : covered for 2 years from the first day of the illness
A provisional opinion may be requested by the candidate concerning his or her loan application : for such an opinion the candidate should send to the President of the Management Committee copies of :
*Transfer agreement (or draft if it has not been finalised)
*tax returns n° 2035 A and B for the last 5 years
*financing plan
*provisional budget

An early reply will be sent to the candidate through the President of the Departmental Chamber where the office or the S.C.P is situated.

The file can be obtained from the President of the Departmental Chamber of Bailiffs concerned when the transferee is introduced by the transferor.

Once completed it must be handed over to the same President (and not to the Prosecution Service) so that s/he may submit it to his or her Chamber during the meeting following the lodging of the file. The Chamber delivers its reasoned decision and then transfers it to the President of the Regional Chamber and it is the President of the Regional Chamber who forwards the file to the Loan Fund with a reasoned opinion of his or her Chamber.

(It is highly recommended that candidates to keep a copy of all the documents in the file).

Meetings of the Loan Fund take place once per month (except for August).

In the following pages you will find a model repayment schedule in which it is sufficient to put the amount you wish to borrow in order to find out the amount of your repayments (you will need to edit the schedule and attach it to your transfer file), as well as a financing plan which you should complete and a provisional budget for which the calculations are automatically done for you after the information requested has been entered.

This document which is there to help you complete the task, should be attached to your loan request file.

Your personalised repayment schedule

Drafting a financing plan and a provisional budget in relation to the purchase envisaged :
Purchase of an individual office.
Purchase of shares when a Civil Professional Company (Société Civile. Professionnelle) is set up
Purchase of shares in a Civil Professional Company (Société Civile Professionnelle)