Heading 0-Common parts
01. Quality of the authorising officer (1) (2)
(1) As part of the control of the status of the authorising officer that accounting officers are required to carry out in respect of payment orders, it is their responsibility to ensure that the signatory of this order has the status of authorising officer of the legal entity concerned or has received a delegation from the latter giving him the authority to act on its behalf.
(2) As public accountants are required to check the status of the authorising officer in respect of payment orders only, they are not required to check the competence of the signatory of the act that constitutes the legal basis for the expenditure.
011. Quality of the authorising officer (3)
1. Form showing:
1° A specimen of the authorising officer’s handwritten signature;
2° An indication, where applicable, of the electronic signature process used by the authorising officer in accordance with Article 4 of the Order of 27 June 2007 implementing Article D. 1617-23 of the General Local Authorities Code relating to the dematerialisation of public-sector accounting transactions;
3° The date on which the position of authorising officer took effect;
4° The authorising officer’s business postal address and, where applicable, e-mail address;
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2. Deliberation recording its election in accordance with the procedures laid down by the General Local Authorities Code and other regulations in force or appointment decision in accordance with the procedures laid down by the General Local Authorities Code, the Social Action and Families Code, the Construction and Housing Code, the Education Code, the Public Health Code and other regulations in force.
(3) Article 7 of the Order of 25 July 2013 setting out the terms and conditions for accrediting authorising officers to assigning public accountants pursuant to Article 10 of Decree No. 2012-1246 of 7 November 2012 on public budgetary and accounting management (NOR: BUDE1320177A).
012. Capacity of a deputy or delegate of the authorising officer (4)
1. Accreditation form signed by the authorising officer accredited to the accounting officer and by his delegate and mentioning:
1° a specimen of the authorising officer’s handwritten signature;
2° An indication, where applicable, of the electronic signature process used by the authorising officer in accordance with Article 4 of the Order of 27 June 2007 implementing Article D. 1617-23 of the General Local Authorities Code relating to the dematerialisation of public-sector accounting transactions;
3° The date on which the position of authorising officer took effect;
4° The authorising officer’s business postal address and, where applicable, e-mail address;
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2. The authorising officer’s decision delegating powers, which specifies the exhaustive list of the authorising officer’s powers, listed in the aforementioned Decree of 7 November 2012, that the delegatee is authorised to exercise.
(4) Article 8 of the Order of 25 July 2013 setting the terms and conditions for accrediting authorising officers to assigning public accountants pursuant to Article 10 of Decree no. 2012-1246 of 7 November 2012 on public budgetary and accounting management (NOR: BUDE1320177A).
02. Acknowledgement in full discharge of the creditor’s obligations
021. Common documents (5)
0211. Proof of identity
Presentation of an identity document or a legible photocopy (6);
In the absence of such a document, proof of identity will be required.
Failing this, proof of payment under the conditions of ordinary law: testimonial evidence or notarised receipt (7)
(5) These documents must be provided by the beneficiary of the payment and not by the authorising officer. They only apply to cash payments.
(6) For example, national identity card, passport, veteran’s card, war invalidity card, civil invalidity card. The production of the original may be requested in accordance with the provisions of article R.113-6 of the Code des relations entre le public et l’administration.
(7) Testimonial evidence is accepted for payments not exceeding €1,500. Above this amount, a notarised receipt is required.
0212. Proof of marital status
Presentation of the family record book (livret de famille) or a copy of the family record book (livret de famille) or production of an extract from the deed of registration of the agreement made at the registry office of the court of first instance (PACS) or certificate on the person’s honour justifying the non-separation from bed and board.
0213. Proof of domicile and residence
Proof by any means including a declaration on honour.
022. Payment to creditors unable to sign
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1. Where the sum is less than an amount set by decree (8), a declaration drawn up by the accounting officer, on the payment order, stating that the creditor does not know how to sign or is unable to sign. This declaration designates two witnesses. It is signed by these witnesses and the accounting officer.
2. Where applicable, a notarised receipt or power of attorney.
(8) Testimonial evidence is admitted in certain cases, regardless of the amount of the expenditure and in particular for the payment of relief, compensation for dispossession of land for public utility.
023. Payments to agents
0231. Ordinary law
Private agreement or deed executed before a notary.
0232. Lawyer
Private or notarised power of attorney evidencing the lawyer’s powers (9),
or
Judgment certifying the capacity of representative (10).
(9) Beyond the period of one year after the judgment has become res judicata.
(10) Cf. article 420 of the code of civil procedure and bank details of the account opened in the name of the C.A.R.P.A created by the bar association in which this lawyer is registered.
0233. Notary
Notary’s certificate (11).
(11) This attestation specifies who is the notary in charge of the estate or who is the notary of the person who is to receive the funds.
024. Payment to successors of deceased creditors (12)
(12) Payment of pro rata salary and pension arrears due on death may, unless the heirs, legatees or creditors object, be made into the hands of the surviving spouse on presentation or copy of the family record book, and a declaration on honour that no judgment of legal separation has been made.
0241. Joint document
Death certificate or copy of the family record book (livret de famille) or production of an extract from the act of registration of the agreement made with the registry of the court of first instance (tribunal d’instance) or certificate on the person’s honour.
0242. Specific documents
02421. Heirs
Certificate of inheritance issued by the mayor of the commune of residence of the deceased,
or
Certificate of ownership,
or
Deed of notoriety,
or
Heading of inventory or judgment of delivery into possession,
or
A sworn statement of the heir’s status accompanied by proof of the family relationship when the amount of the expenditure is less than or equal to 1000 euros.
02422. Universal legatees
024221. Universal legatee
1. Dispatch of the will
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2. – In the case of heirs with reserved rights: proof by any means of the delivery of the legacy (13),
In the absence of heirs with reserved rights: notarial act.
– If there are no reserved heirs: a deed of notoriety establishing the absence of reserved heirs,
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or
A certified copy of the order for delivery into possession issued by the court registry (14).
(13) In the event of competition with heirs with right to reserve, the universal legatee must satisfy the formality of the application for delivery.
(14) In the absence of reserved heirs, if the will is holographic or mystical, the universal legatee will be required to be sent in possession.
024222. Legatee by universal title or by particular title
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1. Dispatch of the will
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2. Proof of delivery of the legacy by the heirs (whether or not reserving rights) or by the universal legatee.
02423. Donees
Copy issued by the notary of the donation contract (with express mention of the donee’s acceptance) or copy issued by the notary of the donation offer and acceptance.
02424. Executor of a will
.
1. Dispatch of the will.
2. Where applicable, dispatch of order for delivery into possession.
3. Deed of notoriety establishing the absence of heirs with reserved rights or document attesting to their consent.
02425. Payment to a surety
.
1. Certificate of surety (15).
2. The porte-fort must prove his hereditary status and that of his co-heirs under the conditions of ordinary law.
(15) The Minister of Finance shall lay down the conditions and limits under which a notary or an heir standing surety for his co-heirs may be empowered to receive sums due to the heirs of a creditor.
025. Payment of sums dependent on unclaimed, vacant or escheated estates
.
0251. Unclaimed estates
Copy of the order of the president of the tribunal de grande instance of the place where the estate was opened appointing a provisional administrator.
0252. Vacant estates
Copy of the judgment of the tribunal de grande instance of the place where the estate opens declaring the estate vacant and appointing a curator (the estates department).
0253. Lapsed estates
Copy of the order for final possession issued by the court registry.
026. Payment of sums due to absent creditors
Judgment of presumption of absence,
or
Judgment declaring absence.
027. Payment to minors or incapable adults
.
0271. Minor
02711. Minor under simple legal administration or judicial supervision
.
1. Document proving the status of the minor’s representative
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2. Where applicable, an order from the guardianship judge authorising payment of the sums entering the estate.
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3. In the event of direct payment into the hands of the minor: express authorisation from the legal representative (or guardian), or clause in the contract signed by the representative stipulating direct payment into the hands of the minor.
02712. Adopted minor
1. Adoption judgment.
2. Certification on honour that the adoptive parents are not divorced or separated, or that one of them is not deceased.
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3. Where applicable, an order from the guardianship judge authorising payment of the sums entering the estate.
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4. In the event of direct payment into the hands of the minor: express authorisation from the legal representative (or guardian), or clause in the contract signed by the representative stipulating direct payment into the hands of the minor.
02713. Minor under guardianship
.
1. Where applicable, a copy of the will or declaration before a notary containing the appointment of the testamentary guardian.
2. Where applicable, extract or copy of the decision of the family council appointing the dative tutor.
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3. Where applicable, an extract or copy of the judgment or decision organising special guardianship.
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4. Authorisation from the subrogated guardian
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5. Where applicable, authorisation from the family council
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6. And/or authorisation from the guardianship judge.
7. In the event of direct payment into the hands of the minor: express authorisation from the legal representative (or guardian), or clause in the contract signed by the representative, stipulating direct payment into the hands of the minor.
02714. Emancipated minor
Copy of the family record book or extract from the marriage certificate, or copy of the marriage certificate or certificate of honour from the person concerned, or copy of the judgment declaring emancipation,
or
Declaration of the parents or the family council received by the guardianship judge.
02715. Unaccompanied foreign minors
Declaration drawn up and signed by two witnesses that the minor is without legal representative and may receive the sums directly.
0272. Incapable adult
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02721. Adult under guardianship
1. Judgment opening the curatorship and appointing the curator with an indication of his powers of assistance or representation.
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2. Certificate of non-recourse against the judgment unless provisional execution has been ordered.
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3. Where applicable, acquittal of the curator or supplementary authorisation from the guardianship judge.
02722. Adults under guardianship
1. Judgment opening guardianship and appointing the legal representative, where applicable.
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2. Certificate of non-appeal against the judgment unless provisional execution has been ordered.
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3. Where applicable, the decision of the family council appointing the guardian.
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4. Where applicable, authorisation from the family council and/or authorisation from the guardianship judge.
028. Payment of sums due to legal entities (16) (17)
(16) In the absence of details of the trade and companies register on the invoice or memorandum
(17) Payment by transfer to an account opened in the name of the legal entity exempts it from producing supporting documents. Payment to de facto groupings (associations or companies) either results in payment to an agent or requires the acquittal of all the partners.
0281. Commercial companies
Extract from the articles of association issued by the registry of the commercial court,
or
Extract from the company deed issued by a notary,
or
Extract from the legal gazette that published the company’s articles of association.
0282. Payment to associations
Copy of articles of association, failing which SIRET number,
or
Reference of publication in the Official Journal.
029. Payment of sums due to legal entities subject to collective proceedings
0291. Payment of sums due to creditors in receivership
02911. Creditors who have been the subject of an opening judgment for receivership
Copy of the opening judgment appointing, where applicable, the administrator and defining his mission,
or
Extract from the Trade and Companies Register registering the judgment,
or
Copy of the legal gazette (e.g. BODDAC) giving notice of the opening of reorganisation proceedings.
02912. Creditors who have been the subject of a judgment adopting a reorganisation plan
Copy of the judgment indicating the adoption of the reorganisation plan or copy of the legal gazette in which this judgment was published,
or
Copy of the trade and companies register registering the judgment.
02913. Creditors who have been the subject of a judgment adopting the company’s sale plan
Copy of the judgment indicating the adoption of the transfer plan and the appointment of the commissioner for the implementation of the plan and, where applicable, the court-appointed administrator or a copy of the legal gazette in which the judgment was published,
or
Copy of the trade and companies register recording the judgment.
0292. Payment of sums due to creditors in liquidation
.
02921. Provisions common to creditors in judicial liquidation
Copy of the legal gazette that published the company’s articles of association, which articles of association determined the conditions under which the liquidation is to be carried out.
02922. Amicable liquidation
1. Extract from the articles of association issued by the registry of the commercial court,
or
Extract from the company deed issued by a notary,
or
Copy of the legal gazette that published the decision ordering the amicable liquidation of the company and the appointment of the liquidator.
2. Letter in which the liquidator requests payment of the sums due to the creditor company.
02923. Liquidation by court order
Copy of the court judgment ordering the liquidation of the company and appointing the liquidator, or copy of the legal gazette publishing this judgment, indicating, where applicable, the administrator’s continued appointment.
03. Payment of disputed claims
031. Objections to non-wage claims
0311. Seizure-attribution
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1. Deed of service of opposition stating the enforceable title under which the opposition is made, the capacity of the assigning accountant, the distrainee, the distrainor, the sum for which the opposition is made and the designation of the seized claim.
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2. Certificate of no objection (issued by the court registry or drawn up by the bank or bailiff who carried out the seizure) or declaration by the debtor authorising the garnishee to pay the claim subject to the seizure without delay.
0312. Firm assignment or pledge
03121. Payment to a credit institution as assignee or beneficiary of a pledge
1. Notification of the assignment (or pledge) by registered letter with acknowledgement of receipt or by any other means capable of providing a date certain.
2. Where applicable, notification of transmission of the slip by the beneficiary of the transmission by registered letter with acknowledgement of receipt or any other means capable of providing a date certain (18).
(18) The transfer or pledge slip does not have to be produced to the assigning accountant.
03122. Payment to an assignee or pledgee under common law
1. Original copy of notification of the assignment (or pledge) stating the status of the assigning accountant, the assignor (or the creditor initiating the pledge), the assignee (or the beneficiary of the pledge) and designating the claim assigned (or pledged).
2. Original of the deed of assignment.
03123. Payment to the assignor (or to the creditor initiating the pledge)
Release of the assignment (or pledge) given by the credit institution by registered letter with acknowledgement of receipt or by any other means giving a date certain,
or
For an assignment (or pledge) under ordinary law, certificate of definitive withdrawal issued by the assignee (or the beneficiary of the pledge) under ordinary law by registered letter with acknowledgement of receipt or by any other means that provides a date certain.
0313. Seizure by third party holder (SATD)
Notice received, where applicable, by registered letter, with request for acknowledgement of receipt.
032. Objections to wage claims
0321. Assignment or attachment of remuneration
03211. Assignment
Notification of the deed of assignment by the secretariat-registry of the court.
03212. Attachment of earnings
Notification of the attachment deed drawn up by the court secretariat stating the status of the distrainee, the distrainor, the sum for which the attachment is made, the method of calculating the fraction subject to attachment and the designation of the claim attached.
0322. Oppositions made by virtue of maintenance claims
1. Request for direct payment made by a bailiff in the form of a registered letter with acknowledgement of receipt.
2. Direct debit.
0323. Seizure by third party (SATD)
Notice received, where applicable, by registered letter with acknowledgement of receipt.
04. Means of payment
041. Payment by bank transfer
Where applicable (19), RIB.
(19) The RIB must be produced if the bank details are not mentioned on the authentic supporting document for the expenditure. This document can only originate from the creditor, whether it is issued or signed by the creditor.
042. Payment following direct debit authorisation
0421. First direct debit following authorisation
1. Direct debit authorisation signed by the authorising officer.
2. Invoice or consumption statement.
0422. Subsequent debits
Invoice or consumption statement.
05. Payment of sums due to foreign creditors
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1. French version of documents or, where applicable, translation of documents drawn up in a foreign language.
2. In the case of an invoice issued by the tax representative or agent of a foreign creditor, copy of the agreement, translated into French where applicable, between the foreign company and the tax representative (or agent) specifying the extent of the delegation granted.
06. Statement of prescription
Decision of the deliberative assembly, or, for public health establishments, a decision by the director, not to oppose the prescription,
or
Copy of the document interrupting the limitation period.
07. Payment to a road haulier or valet holding a consignment note
1. Consignment note or any element capable of establishing the existence of a contract of carriage.
2. Formal notice to the local authority or public body from the carrier or valet.