Thursday, September 3, 2020

Chapter 2. Traders

 Chapter 2. Traders

 

Art. 5. - Persons to be regarded as traders.

Persons who professionally and for gain carry on any of the following activities shall be deemed to be traders:

1.    Purchase of movables or immovable with a view to re-selling them either as they are         

       or after alteration or adaptation;

2.    Purchase of movables with a view to letting them for hire;

3.    Warehousing activities as defined in Art. 2806 of the Civil Code:

4.    Exploitation of mines, including prospecting for and working of mineral oils;

5.    Exploitation of quarries not by handicraftsmen;

6.    Exploitation of salt pans;

7.    Conversion and adaptation of chattels, such as foodstuffs, raw materials or semi- 

      finished products not by handicraftsmen;

8.    Building, repairing, maintaining, cleaning, painting or dyeing movables not by 

      handicraftsmen;

9.    Embanking, levelling, trenching or draining carried out for a third party not by 

      handicraftsmen;

10. Carriage of goods or persons not by handicraftsmen;

11. Printing and engraving and works connected with photography or cinematography

      not by handicraftsmen.

12. Capturing, distributing and supplying water;

13. Producing, distributing and supplying electricity, gas, compressed air including 

     heating and cooling;

14. Operating places of entertainment or radio or television stations;

15. Operating hotels, restaurants, bars, cafes, inns, hairdressing establishments not 

     operated by handicraftsmen and public baths;

16.    Publishing in whatever form, and in particular by means of printing,engraving,

     photography or recording;

17.   Operating news and information services;

18.   Operating travel and publicity agencies;

19.   Operating business as an agent, broker, stock broker or commercial agent;

20.   Operating a banking and money changing business;

21.   Operating an insurance business.

 

Art. 6. - Agricultural or Forestry undertakings.

 

1.    Persons who carry on activities relating to agriculture, forestry, breeding cattle or maintaining pastureland, shall not be deemed to be traders where they sell the products of the land they exploit or use, or animals or the products of animals bred mainly from the resources of the land which the said persons exploit or use.

2.    Such persons shall not be deemed to be traders whether the exploitation is individual or collective, such as an agricultural community or a cooperative undertaking.

3.    Nurserymen who sell plants which grow on the land they exploit or use shall not be deemed to be traders.

 

Art. 7. - Agricultural Products How Dealt with.

 

1.    Persons who carry on activities under Art. 6 (1) shall not be deemed to be traders where they deal with their products in accordance with the usual practice of their business, so long as such dealing relates only to products of the land which they exploit or use, or to animals or products of animals bred mainly from the resources of the land which they exploit or use.

2.    Such persons shall not be deemed to be traders whether the undertaking is individual or collective such as an agricultural community or a cooperative undertaking.

 

 

Art. 8. - Fishermen and persons breeding fish, shell-fish or shells.

 Fishermen and persons who breed fish or shell-fish or shells shall not be deemed to be traders where they sell the products of their fishing or breeding.

 

Art. 9. - Handicraftsmen.

1.   The provisions of this Code relating to traders shall not apply to handicraftsmen.

2.   Handicraftsmen are persons who carry on an independent activity, who live mainly 

      on their own manual work, who may carry on their activity with the assistance of     

      members of their family and of not more than three employees or apprentices and 

      who buy such material only as is necessary for carrying out their activities, without   

      setting up stocks.

3.    Handicraftsmen may use mechanical power.

4.    Handicraftsmen are subject to the provision of any special law relating to their 

       activities.

 

Art. 10. - Business Organisations.

1.    Business organisations shall be deemed to be of a commercial nature where their 

       objects under the memorandum of association or in fact are to carry on any of the 

       activities specified in Art. 5 of this Code.

2.    Share companies and private limited companies shall always be deemed to be of a  commercial nature whatever their objects.

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