Notaries have difficulty cleaning at home. While the report Darrois on the reform of the professions was provided on 26 August the President of the Republic, the Higher Council of notaries (CSN) is still ways to get rid of holdings in commercial companies who put in a questionable ethical situation.
Eighteen months ago, while the Government was considering to entrust their divorce by mutual consent, notaries promised to opt out of the SAS financial Thémis, private law that they control more than 70. Three other entities have gathered since 2005 within this society: security news, Unofi, and Mnemosyne. The first is a group of brokerage of insurance and reinsurance in France which more than 50 of net sales (via ULN insurance 100 owned) is assured by the very large and juicy the notaries professional liability insurance contract. In other words, the CSN controls the company which is responsible for providing... notaries.
Conflict of interest
The head of this group has always been throne Claude Mineraud. A seventy-nine years, it remains the essential character of these complex legal arrangements. It is he who has sold the new security to the CSN and has since negotiated the finality of his contract to 2010. Claude Mineraud also is CEO of Unofi. The latter company, created there are twenty years (with the agreement of the authorities), manages to life insurance and capitalisation and the wealth management on behalf of the customer... of notaries. A conflict of interest which places the CSN in a position of disturbing confusion between the missions of the notary and the commercial functions of collection and management of savings, for those who want to be "friendly judges."
As Mnemosyne, which is designed to develop and sell software operations for notary offices, it accumulated losses since 2003 (EUR 8.1 million in 2008). For fiscal 2009, the first half resulted in a new loss of 5 million and the estimated budget provides for an annual loss of about 11 million. Nothing has done: the contributions of the other companies of the group or the successive capital increases. Was that the general meeting of shareholders held on August 24, 2009 decided the dissolution early society. A liquidator has been appointed. Economic dismissal proceedings relating to the total of 112 employees is underway. Note on the project of dismissal, "Les echos" purchased, indicates that "the other companies of the group, the holding company financial Themis and its two subsidiaries SAS Unofi and SA LSNA (new security), with the Mnemosyne project up to the limit of their possibilities but it is now reached." "Taking into account general economic context, a new contribution on their part is not feasible and would endanger their own sustainability." Total financial Themis would be $ 60 million in debt. But for not burdening the note, the CSN, alone, will be the cost of the liquidation of Mnemosyne.
A result of the revelation by "Les Echos" of these complex montages ("Les Echos" from March 26, 2008), former President of the CSN, Bernard Reynis, had assured that the matter would be clarified before the end of its mandate. Since then, nothing has moved and the financial difficulties would thus add to the questionable ethical compromises. "The financial crisis has slowed the process, the purchasers who wished to give time". "But this assignment remains of course the order of the day", argues on the CSN. But in the meantime, the accounts has increased.
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