Question 13920 — businesses

Summary

Mr. Pacôme Rupin questions the Minister of the Economy and Finance about article 2 of the PACTE bill. The MP had the opportunity to interact with the citizens of his constituency during a workshop on the PACTE law which raised questions about the operational action that will follow the adoption of this project. The law for growth, activity and equal economic opportunities known as the “Macron Law” of August 6, 2015 established Article L. 123-6 of the Commercial Code, the obligation imposed on commercial court registries to transmit “electronically and free of charge” to the National Institute of Industrial Property, the information entered in the commercial register. Considering that it is specified in the third paragraph of this article that these registry registrations are transmitted "in an open computer format" and that the "public information", according to article L. 321-1 “may be used by any person who so wishes for purposes other than those of the public service mission”, we can see the failure of these provisions. Indeed, more than three years after the promulgation of the law, this information remains invoiced at costs which allow the GIE Infogreffe to make profits on this data, holding a de facto monopoly which harms financial transparency on companies and represents a brake on the ecosystem of companies developing technologies linked to data from companies or professional consular organizations (SME rating companies making it possible to establish a climate of confidence in terms of financing SMEs, predictive marketing companies making it possible to open new markets to companies operating in B to B, companies offering economic studies). Having certainly made the same observation, the Minister proposed in article 2 of the PACTE bill currently being studied by the national representation, that the Government be empowered to issue orders relating to directories and registers of legal information concerning companies in order to “create a dematerialized register of companies whose aim is to centralize and disseminate information concerning them”. Following upon the vote of this authorization to take by orders measures which confirm the path taken by the law of 2015, he asks him to share the avenues which he envisages to guarantee real transparency on the life of businesses, a real openness of legal information and its access to the public and to companies with pricing corresponding to their real cost.

Machine translation from French. The official text remains authoritative.

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