The collaborating spouse, when mentioned in the register of commerce and companies or, for a business in the trades and crafts sector, in the national register of businesses, is deemed to have received a mandate from the head of the business to carry out, on the latter’s behalf, administrative acts concerning the needs of the business.
By declaration made before a notary, under penalty of nullity, each spouse has the option of terminating the presumption of mandate, with his or her spouse present or duly summoned. The notarised declaration takes effect, with regard to third parties, three months after mention of it has been made in the Trade and Companies Register or, for a company in the trades and crafts sector, in the National Register of Companies. In the absence of such mention, it may only be relied on as against third parties if it is established that they were aware of it.
The presumption of mandate also ceases ipso jure in the event of the presumed absence of one of the spouses, legal separation or judicial separation as to property, as well as when the conditions provided for in the first paragraph above are no longer fulfilled.