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| Copyright © 2009-2013, Marc CAMPUS |
Sent By cert. mail to the High Council AR #1A 010 222 8853 7
June 10, 2008
Subject: Pre summons - Certified letters with acknowledgement of receipt
The High Council for the Notarial Profession and President B. Reynis – Paris
La Sécurité Nouvelle SA and the Chairman of the Board Mr. C. Minneraud - Paris
MMA - President T. Derez and Vice-President JC Seys - Paris
MMA–Division of the Disasters Liberal Profession and Mr. G. Dezecot Person in charge–Le
Mans
The Regional Council of the Notaries Languedoc Roussillon and President JP Ferret
Montpellier
The Aude Chamber of Notaries and President J. Laffon - Carcassonne
The Notarial Office and Mr. Duchan Notary - Chalabre
The ACAM and the Secretary General A. Mantel - Paris
And Certified letters with acknowledgement of receipt to French Government Representatives
The Ministry of Justice and Minister R. Dati - Paris
The Ministry of Finance and Minister C. Lagarde - Paris
Reference: Notification of the diversion of the legal compensation system of the victims of the
notaries’ faults
Dear Sir or Madam,
By means of this document, CS1 Group Legal Office, as representative of Texas Riding Line Co. and of
its owner AND as representative of associated American companies linked with the Equestrian business of
Texas Riding Line Co. and of its owner, Mr. Marc Campus, aforementioned: The 7S Ranch Inc., Stall 1
Company, Texas Riding Co., CS1 Ranch Inc., The 7 Stallions Inc., The Black Saddle Co., CS1 Group
Legal Office Co. as well as the shareholders of the Groups: CS1 Group and Texas Riding Group, notifies
the High Council for the Notarial Profession and any natural person or legal entity, public or private,
involved in the unfair and fraudulent schemes aiming to cover an infringement of public writing forgery
committed by Mr. Duchan in collusion with his colleagues within his office on February 2nd, 2004 located
in Chalabre (11120) which substantial damage sustained by TRL Co. and its associates call for legal
reparation, namely:
- Representative institutions of the notarial profession, public utility institutions: the High Council for
the Notarial Profession (named CSN) in charge of the notaries’ representation and the management of
the national guarantee’s fund, the Aude Chamber of Notaries and the Regional Council of Languedoc-
Roussillon of the notarial profession, ordinal authority also in charge of the management of the regional
guarantee’s fund, and Mr. Duchan and his Notarial Office in Chalabre.
- Mutual of Mans Insurances, insurance company in charge of the processing of notarial disasters at
the national level and the only interlocutor as regards notaries’ professional civil liability compensation.
- The ACAM, independent Administrative Authority whose very mission is to make sure insurance
companies apply the provisions of the Insurance Code.
This future writ of summons will aim to demonstrate the way in which the legal compensation procedure of
the notaries’ clients is a system vitiated by the monopolistic self-management it is subjected to by the High
Council for the Notarial Profession in his capacity as majority shareholder of Financière THEMIS holding
the Group La Sécurité Nouvelle at the expense of Public Interest.
The notarial profession is strictly regulated in France. The legal corpus regarding their profession is
composed of the ordinance of November 2nd, 1945 related to the status of the notarial profession and
the decrees of May 20th, 1955, related to public officers and members of the legal profession and to
some representatives of the law, and December 19th, 1945 reporting regulation of public administration
for the application of the status of the Notarial Profession. These latter legal texts also set up a
compensation procedure for the notaries’ clients. This procedure aims to indemnify any victim that
suffered damage because of the notaries’ faults in the discharge of their duties. These faults can be of
two types: the so-called unintentional professional misconducts and the so-called intentional illegal
schemes. To activate the “Compensation procedure”, the victims of notaries must lodge a complaint
before the departmental Chamber of notaries in the jurisdiction where the faulty notary’s notarial office is
for any intentional professional misconduct and before the notary for any professional fault.
Moreover the existence of this appeal procedure known as the compensation procedure is subjected to
legal publicity through different mediums: in the form of small public notice within notarial offices, on the
official sites of departmental chambers of notaries, regional Councils and the High Council for the Notarial
Profession. To that purpose, let us quote the very terms of the High Council for the Notarial Profession
available on the site of the institution in charge of the representation of the whole profession under the
explicit title of “supervision and remedies”, “Through its status and the nature of the relationship he has
with his clients, the notary is subjected to strict professional rules and supervision. These controls
concern both the strictness of his whole legal activity and his book-keeping. Notarial “ethics” (or
deontology) is the foundation of the notaries’ practice which leads to granted confidence from their client.
It includes a whole combination of fundamental values (duties and obligations). As regards civil liability:
“Any negligence of a notary, in the drafting of his deeds and in the checks he must carry out, can engage
his liability. So as to be able to face its liability, the profession has a double mechanism of guarantee:
Professional civil insurance. It aims to cover the consequences of the damage caused by a notary’s fault.
Collective guarantee. The whole profession covers the notary’s clients against the damage caused by a
notary’s intentional or criminally reprehensible faults, not covered by the insurance company. This
guarantee is “unlimited”.
These extracts, chosen for their revealing contents of the motivations for this procedure, enlighten us on
the following points. First, the motivation of the law is clear: this compensation procedure has been set up
to guarantee a compensation for the victims of notaries’ faults or illegal schemes. Their status of members
of the legal profession practicing under supervision of the Ministry of Justice subjects them to checks and
imposes duties and obligations on the profession. In an underlying way, victims have guarantees for two
reasons. On the one hand, it is question of a public service of justice which is compulsory in many cases.
Any person who wants to draft will under authentic form is under the legal obligation to turn to this public
service of justice at the risk of seeing the authentic deed invalid. On the other hand, the deeds notaries
receive within their offices are so important that the client is entitled to a reliable public service of justice,
in the form of compensation guarantee. Second, the notaries’ liability is joint and several. This liability is
not only civil but also criminal and disciplinary, notaries being subjected to the national Regulation of the
notarial profession. Thus, this disciplinary liability is symbolically important in the eyes of the victims. The
High Council for the Notarial Profession expresses it clearly: “Contrary to the criminal action which implies
an infringement provided for and penalized by the law, the disciplinary action is admissible for breach of
any ethical rule. The disciplinary action is independent of the criminal action. The disciplinary authority is
the disciplinary chamber or the Court according to the seriousness of the defaults”. The disciplinary
action is automatically activated by claiming to the Chamber of Notaries by filing a complaint of the victim.
It is independent of the criminal action and of the civil action. Victims can thus expect that such a sanction
will be pronounced in accordance with the principles of neutrality and impartiality provided for by article 6
of the European Convention on Human Rights without any possible prescription.
The ordinance of November 2nd, 1945 and the decrees specifying how it should be enforced and
publications issued by the representative institutions of the notarial profession, let the CSN say loud and
clear that the system known as “Compensation procedure of the victims”, set up is “the only one of its kind
in the world”. The parliamentary debates which were held in 2004 (amendment implemented by the law n°
2004-130 of 2/11/2004) with regard to the amendment of the ordinance of November 2nd, 1945 show the
general idea according to which this system is faultless. It is alleged and asserted as such.
A thorough reading of the legal texts, and an increased attention focused to the different mechanisms of
such a system, lead us to a different conclusion.
As regards the professional civil liability, it falls only on the Mutual of Mans Insurance, known as MMA,
insurance company of the whole notarial profession. The signing of such insurance contract at the
national level between the High Council for the Notarial Profession and MMA was made possible by the
law quoted previously of February 11th, 2004 reforming the status of some judicial or juridical
professions, legal experts, industrial property councils and experts in public auctions, although this legal
monopoly and the monopolistic position induced by this monopoly are against European Law and will
have to be regularized soon.
This decision taken by the Parliament has been justified by the optimization of the management of such a
contract by only one insurance company. The law does not mention the notaries’ legal defense policy also
falling only on MMA. The fact, for an insurance company of managing at the same time the branch of
professional civil liability and the branch of legal defense, is supervised by the European directive of June
22nd, 1987. Each of these guarantees can thus be either entrusted to two insurance companies
respectively or to only one insurance company. However in this last case, the directive stipulates that the
insurance company must implement any measure allowing to prevent a conflict of interests (branch of
professional civil liability and legal defense). The High Council for the Notarial Profession entrusted the
two types of police to the same insurance company, MMA. The latter chose not to contract out one to
another insurance company or another body in order to prevent a conflict of interests between the fact of
indemnifying victims: and thus acknowledging the faults of notaries and the fact of defending out of court
or before court its institutional client: what corresponds to a completely opposite view of acknowledging
faults and thus, of compensation. Click HERE to read the Next Pages
June 10, 2008
Subject: Pre summons - Certified letters with acknowledgement of receipt
The High Council for the Notarial Profession and President B. Reynis – Paris
La Sécurité Nouvelle SA and the Chairman of the Board Mr. C. Minneraud - Paris
MMA - President T. Derez and Vice-President JC Seys - Paris
MMA–Division of the Disasters Liberal Profession and Mr. G. Dezecot Person in charge–Le
Mans
The Regional Council of the Notaries Languedoc Roussillon and President JP Ferret
Montpellier
The Aude Chamber of Notaries and President J. Laffon - Carcassonne
The Notarial Office and Mr. Duchan Notary - Chalabre
The ACAM and the Secretary General A. Mantel - Paris
And Certified letters with acknowledgement of receipt to French Government Representatives
The Ministry of Justice and Minister R. Dati - Paris
The Ministry of Finance and Minister C. Lagarde - Paris
Reference: Notification of the diversion of the legal compensation system of the victims of the
notaries’ faults
Dear Sir or Madam,
By means of this document, CS1 Group Legal Office, as representative of Texas Riding Line Co. and of
its owner AND as representative of associated American companies linked with the Equestrian business of
Texas Riding Line Co. and of its owner, Mr. Marc Campus, aforementioned: The 7S Ranch Inc., Stall 1
Company, Texas Riding Co., CS1 Ranch Inc., The 7 Stallions Inc., The Black Saddle Co., CS1 Group
Legal Office Co. as well as the shareholders of the Groups: CS1 Group and Texas Riding Group, notifies
the High Council for the Notarial Profession and any natural person or legal entity, public or private,
involved in the unfair and fraudulent schemes aiming to cover an infringement of public writing forgery
committed by Mr. Duchan in collusion with his colleagues within his office on February 2nd, 2004 located
in Chalabre (11120) which substantial damage sustained by TRL Co. and its associates call for legal
reparation, namely:
- Representative institutions of the notarial profession, public utility institutions: the High Council for
the Notarial Profession (named CSN) in charge of the notaries’ representation and the management of
the national guarantee’s fund, the Aude Chamber of Notaries and the Regional Council of Languedoc-
Roussillon of the notarial profession, ordinal authority also in charge of the management of the regional
guarantee’s fund, and Mr. Duchan and his Notarial Office in Chalabre.
- Mutual of Mans Insurances, insurance company in charge of the processing of notarial disasters at
the national level and the only interlocutor as regards notaries’ professional civil liability compensation.
- The ACAM, independent Administrative Authority whose very mission is to make sure insurance
companies apply the provisions of the Insurance Code.
This future writ of summons will aim to demonstrate the way in which the legal compensation procedure of
the notaries’ clients is a system vitiated by the monopolistic self-management it is subjected to by the High
Council for the Notarial Profession in his capacity as majority shareholder of Financière THEMIS holding
the Group La Sécurité Nouvelle at the expense of Public Interest.
The notarial profession is strictly regulated in France. The legal corpus regarding their profession is
composed of the ordinance of November 2nd, 1945 related to the status of the notarial profession and
the decrees of May 20th, 1955, related to public officers and members of the legal profession and to
some representatives of the law, and December 19th, 1945 reporting regulation of public administration
for the application of the status of the Notarial Profession. These latter legal texts also set up a
compensation procedure for the notaries’ clients. This procedure aims to indemnify any victim that
suffered damage because of the notaries’ faults in the discharge of their duties. These faults can be of
two types: the so-called unintentional professional misconducts and the so-called intentional illegal
schemes. To activate the “Compensation procedure”, the victims of notaries must lodge a complaint
before the departmental Chamber of notaries in the jurisdiction where the faulty notary’s notarial office is
for any intentional professional misconduct and before the notary for any professional fault.
Moreover the existence of this appeal procedure known as the compensation procedure is subjected to
legal publicity through different mediums: in the form of small public notice within notarial offices, on the
official sites of departmental chambers of notaries, regional Councils and the High Council for the Notarial
Profession. To that purpose, let us quote the very terms of the High Council for the Notarial Profession
available on the site of the institution in charge of the representation of the whole profession under the
explicit title of “supervision and remedies”, “Through its status and the nature of the relationship he has
with his clients, the notary is subjected to strict professional rules and supervision. These controls
concern both the strictness of his whole legal activity and his book-keeping. Notarial “ethics” (or
deontology) is the foundation of the notaries’ practice which leads to granted confidence from their client.
It includes a whole combination of fundamental values (duties and obligations). As regards civil liability:
“Any negligence of a notary, in the drafting of his deeds and in the checks he must carry out, can engage
his liability. So as to be able to face its liability, the profession has a double mechanism of guarantee:
Professional civil insurance. It aims to cover the consequences of the damage caused by a notary’s fault.
Collective guarantee. The whole profession covers the notary’s clients against the damage caused by a
notary’s intentional or criminally reprehensible faults, not covered by the insurance company. This
guarantee is “unlimited”.
These extracts, chosen for their revealing contents of the motivations for this procedure, enlighten us on
the following points. First, the motivation of the law is clear: this compensation procedure has been set up
to guarantee a compensation for the victims of notaries’ faults or illegal schemes. Their status of members
of the legal profession practicing under supervision of the Ministry of Justice subjects them to checks and
imposes duties and obligations on the profession. In an underlying way, victims have guarantees for two
reasons. On the one hand, it is question of a public service of justice which is compulsory in many cases.
Any person who wants to draft will under authentic form is under the legal obligation to turn to this public
service of justice at the risk of seeing the authentic deed invalid. On the other hand, the deeds notaries
receive within their offices are so important that the client is entitled to a reliable public service of justice,
in the form of compensation guarantee. Second, the notaries’ liability is joint and several. This liability is
not only civil but also criminal and disciplinary, notaries being subjected to the national Regulation of the
notarial profession. Thus, this disciplinary liability is symbolically important in the eyes of the victims. The
High Council for the Notarial Profession expresses it clearly: “Contrary to the criminal action which implies
an infringement provided for and penalized by the law, the disciplinary action is admissible for breach of
any ethical rule. The disciplinary action is independent of the criminal action. The disciplinary authority is
the disciplinary chamber or the Court according to the seriousness of the defaults”. The disciplinary
action is automatically activated by claiming to the Chamber of Notaries by filing a complaint of the victim.
It is independent of the criminal action and of the civil action. Victims can thus expect that such a sanction
will be pronounced in accordance with the principles of neutrality and impartiality provided for by article 6
of the European Convention on Human Rights without any possible prescription.
The ordinance of November 2nd, 1945 and the decrees specifying how it should be enforced and
publications issued by the representative institutions of the notarial profession, let the CSN say loud and
clear that the system known as “Compensation procedure of the victims”, set up is “the only one of its kind
in the world”. The parliamentary debates which were held in 2004 (amendment implemented by the law n°
2004-130 of 2/11/2004) with regard to the amendment of the ordinance of November 2nd, 1945 show the
general idea according to which this system is faultless. It is alleged and asserted as such.
A thorough reading of the legal texts, and an increased attention focused to the different mechanisms of
such a system, lead us to a different conclusion.
As regards the professional civil liability, it falls only on the Mutual of Mans Insurance, known as MMA,
insurance company of the whole notarial profession. The signing of such insurance contract at the
national level between the High Council for the Notarial Profession and MMA was made possible by the
law quoted previously of February 11th, 2004 reforming the status of some judicial or juridical
professions, legal experts, industrial property councils and experts in public auctions, although this legal
monopoly and the monopolistic position induced by this monopoly are against European Law and will
have to be regularized soon.
This decision taken by the Parliament has been justified by the optimization of the management of such a
contract by only one insurance company. The law does not mention the notaries’ legal defense policy also
falling only on MMA. The fact, for an insurance company of managing at the same time the branch of
professional civil liability and the branch of legal defense, is supervised by the European directive of June
22nd, 1987. Each of these guarantees can thus be either entrusted to two insurance companies
respectively or to only one insurance company. However in this last case, the directive stipulates that the
insurance company must implement any measure allowing to prevent a conflict of interests (branch of
professional civil liability and legal defense). The High Council for the Notarial Profession entrusted the
two types of police to the same insurance company, MMA. The latter chose not to contract out one to
another insurance company or another body in order to prevent a conflict of interests between the fact of
indemnifying victims: and thus acknowledging the faults of notaries and the fact of defending out of court
or before court its institutional client: what corresponds to a completely opposite view of acknowledging
faults and thus, of compensation. Click HERE to read the Next Pages
