French Commercial code
In forceIf the commission considers that the trainee has not fulfilled these obligations, it may either refuse to issue the certificate of completion of the traineeship or extend the traineeship with another law firm for a period of one year, renewable once.
In the latter case, in its decision to extend the traineeship for one year, the committee will set out the list of legal and management acts that the trainee must perform and report on in the traineeship report, and will specify whether the trainee must write a new traineeship dissertation.
The traineeship completed in accordance with the extension decision gives rise to the issue of a certificate drawn up by the trainee supervisor. This document certifies the duration of the traineeship and the performance by the trainee of all the legal and management acts listed in the extension decision; it also includes the supervisor's assessment of the quality of the trainee's work and, where applicable, the supervisor's comments on the trainee's report. It is sent to the trainee, who certifies that he/she has read it and may make any written comments. This document, together with the placement report and, if applicable, the placement report, is then sent by the training supervisor to the national registration and disciplinary committee. The training supervisor sends a copy of the certificate and the training report to the magistrate designated by the Minister of Justice, pursuant to the first paragraph of article R. 811-40.
At the end of the year of extension, the Commission issues the certificate of completion of the traineeship to the trainee who has fulfilled the obligations laid down by it in its decision to extend the traineeship or, if it considers that the trainee has not fulfilled these obligations, it may either refuse to issue the certificate of completion of the traineeship or extend the traineeship within the same law firm for a final period of one year. The provisions of the two preceding paragraphs apply to the second extension of the traineeship. At the end of the second year of extension, the committee may, depending on its assessment of the trainee's fulfilment of the obligations set out in the decision on the second extension, either issue the certificate of completion of the traineeship or refuse to issue it.
When deciding whether or not to issue a certificate of completion of the traineeship, the committee will be assisted by the chairman and at least two of its members. Where one of the members or the Chairman of the Committee has authority over the trainee or is related to him or to him by blood or marriage up to and including the fourth degree, he shall abstain from sitting. No refusal to issue a licence may be made by the committee without the interested party having been heard or summoned at least fifteen days in advance by registered letter with acknowledgement of receipt.
Reasons must be given for any decision to refuse or extend a traineeship. They are notified to the interested party and to the President of the Conseil national des administrateurs judiciaires et des mandataires judiciaires. The letter of notification, sent by registered letter with acknowledgement of receipt, must mention, on pain of nullity, the time limit for appeal and the methods by which this appeal may be exercised.
If the Commission remains silent for a period of four months from receipt of the complete application for the issue of a certificate of completion of training, this will be deemed to constitute a decision of acceptance.
