Art. 7 Definition
The intermediary agent in goodwill is one who makes profession of interfering in the sale, purchase, transfer, delivery or resumption of a goodwill, whatever the type of trade exploited.
Art. 8 Warranties
1 The intermediary agent in goodwill can not exercise his profession without providing a guarantee of 10,000 francs, either in cash or in the form of a joint surety bond subscribed by a bank approved by the department,
or in the form of surety insurance contracted with an insurance company or a professional or mutual society approved by the department; in the latter two cases, the insured must at all times justify payment of the premium for the current year
and for the following year.
2 The guarantee covers the professional liability of the intermediate agent in goodwill. She is not released until two years after the date of the deletion from the register of her profession.
Art. 9 Business Agent
Business agents duly authorized by the department who wish to also practice the profession of intermediate agent in goodwill are exempt from the obligation to apply for authorization.
Art. 10 Supervisory Commission
1 Agents in goodwill are subject, without prejudice to the rules of common law, to the supervision of a commission of 5 members, including: Composition
(a) the State Councilor in charge of the department or his delegate, who chairs it;
(b) 1 judge of the Civil Court appointed by the court;
(c) 3 other members chosen among the agents in goodwill and the agents of businesses, of which 1 appointed by the Council of State and 2 by all the agents of businesses and agents in goodwill.
2 In addition, 2 alternates chosen from among the business agents and the agents in goodwill are appointed, one of whom is appointed by the Conseil d'Etat and the other by all the agents in goodwill and business agents.
3 The Regulations lay down the procedure for the election of the 2 regular members and one substitute member by all the agents in goodwill and business agents. (11)
Art. 11 Sessions
The supervisory commission may only sit validly when at least 3 of its members are present.
Art. 12 Skills
1 The mission of the supervisory commission is to ensure that the agents in goodwill practice their profession in accordance with the laws, regulations, habits and customs in force in the canton.
2 Where an agent in goodwill is at fault, the commission may, according to the gravity of the case, impose the following penalties:
(a) the warning, oral or written;
(b) written censure;
(c) suspension, that is to say the temporary withdrawal of the authorization for a period of 3 months to 3 years;
(d) the dismissal, that is to say the definitive withdrawal of the authorization.
3 No penalty may be pronounced against the offender unless he has been heard or duly summoned.
4 Suspension and dismissal are subject to ratification by the Department.
5 They are published in the official notice sheet.
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