French Commercial code
In forceArticle L. 723-2 reads as follows:
"Art. L. 723-2 -I.-The representatives referred to in Article L. 723-1 applicable in New Caledonia must hold positions in the company either as chairman and chief executive officer, chairman or member of the board of directors, chief executive officer, chairman or member of the management board, chairman of the supervisory board, manager, chairman or member of the board of directors or director of a public industrial and commercial establishment, or, failing this and in order to represent them as an agent, positions involving commercial, technical or administrative management responsibilities in the company or establishment.
II.-The personal electors mentioned in 1° of I of the same article and the representatives of the natural or legal persons mentioned in 2° of I of this article must be nationals of a Member State of the European Community.
In addition, in order to take part in the vote, they must:
1° Meet the conditions laid down in Article L. 2 of the Electoral Code, with the exception of nationality;
2° Not have been subject to the prohibition referred to in Article L. 6 of the Electoral Code;
3° Have not been subject for less than fifteen years from the day on which the decision pronouncing them became final to personal bankruptcy or to one of the prohibition or disqualification measures as provided for in Book VI of this Code or in Law no. 85-98 of 25 January 1985 relating to the receivership and judicial liquidation of companies or in Law no. 67-563 of 13 July 1967 on judicial settlement, liquidation of assets, personal bankruptcy and bankruptcies ;
4° Not be prohibited, in accordance with the terms of Article 131-27 of the Criminal Code, from exercising a commercial or industrial profession, from directing, administering, managing or controlling in any capacity whatsoever, directly or indirectly, for their own account or for the account of another, a commercial or industrial business or a commercial company;
5° Not have been sentenced to penalties, disqualifications or sanctions imposed under legislation in force in the Member States of the European Community equivalent to those referred to in 2°, 3° and 4°. "
