Analysis of legislative provisions regulating civil servants' commercial activities and implications of breaching these rules.
Extract
[...] Article L128-1 of the Commercial Code not only prohibits the direct exercise of a commercial activity but also its indirect exercise through the management of a commercial company. This article aims to prevent the use of nominees when they act directly for the company (in this case, they take decisions and sign contracts?) Is the fact that the company is formally in the name of his wife a means of defense? Here, the use of a nominee is not a means of defense because it is precisely this behavior that is condemned by Article 128-1 of the Commercial Code The ban covers here the hidden exercise of commerce through an intermediary person. [...]
[...] of the Civil Code). The major in curatelle retains the exercise of a professional activity, including commercial, unless a contrary decision by the judge. He can therefore continue to run his business alone for current administrative acts. [...]
[...] Justice Safeguard: The major under justice safeguard has the exercise of their rights and can engage in commercial activity BUT acts can be reduced or annulled if they are excessive, or even challenged by the trustee or the major themselves if they are too serious II- The Incompatibilities > Legal incompatibility is the hypothesis in which a person is legally capable BUT who cannot exercise commercial acts due to a personal incompatibility established by law In this case, the regime of incompatibilities aims to preserve the independence, impartiality or dignity of certain professions in order to avoid conflicts of interest between commercial activity and the exercise of other functions Example: incompatibility of commercial activity with the status of civil servant: > Madame Lambert is a school teacher in a public school, she thinks she can open a small business selling kitchen accessories and she exploits the business on Saturdays and Sundays during her days off. She registered with the RCS, her activity develops and generates a turnover of 187,000?. [...]
[...] 3. What consequences for the bank? Curatelle sets up Assistance measures: the curator assists for acts of disposition by affixing his signature La curatelle is a measure of assistance, not representation (art and seq. [...]
[...] Following an accident, Paul his son becomes his curator. He wishes to continue his commercial activity. Several months later, he subscribes to a bank loan of an amount of 80,000? [...]
