Chapter V: Collective shops for independent traders

The provisions of this chapter apply to natural or legal persons brought together in the same premises, under the same name, in order to operate, in accordance with common rules, their business or their company in the trades and crafts sector registered in the national register of companies without disposing of ownership, thereby creating a collective shop of independent traders.

The persons referred to in Article L. 125-1 constitute, in the form of an economic interest grouping or a société anonyme à capital variable or a société coopérative de commerçants détaillants, a legal entity which has ownership and enjoyment or only enjoyment of the buildings and ancillary areas of the collective shop, defines and implements the common policy, organises and manages the common services. The economic interest grouping or company,…

The economic interest group or company using the leasing facility is considered to be a user within the meaning of Article 5 b of Ordonnance n° 67-837 of 28 September 1967.

Each member of the economic interest grouping or company is the holder of shares that cannot be dissociated from the use of a pitch determined by the constitutive contract or the Articles of Association, and benefits from common services. The constitutive contract or the Articles of Association may allocate to any holder another pitch on the basis of seasonal activities. The members’ meeting or the general meeting, as the case…

When a business or a company in the trades and crafts sector registered in the national register of companies is transferred or created in the collective shop, it is not contributed to the grouping or company in representation of the shares allocated to its owner. The shares in the group or company do not represent the value of the business or undertaking. Contributions other than in cash are also prohibited.

In the case of a management lease of a business or company in the trades and crafts sector registered in the national register of companies, the lessor is the sole member of the group or company. A pre-existing business or enterprise may only be transferred to the collective shop with the agreement of the managing lessee.

The owner of a business subject to the lien or pledge provided for in Chapters I to III of Title IV of this Book must, prior to joining a collective shop and transferring the business to the said shop, complete the publicity formalities provided for in articles L. 141-21 and L. 141-22. If the creditor holding the lien or pledge has not notified an opposition by means of an entry…

The contract of incorporation or the articles of association, as the case may be, must, on pain of nullity, and subject to the joint and several liability of the signatories, contain an express statement, either that no funds are encumbered by the lien or pledge provided for in Chapters I to III of Title IV of this Book, or, if this is not the case, that no opposition has been…

Collective shops of independent traders already created through a legal person may, by way of adaptation or transformation, be placed under the regime provided for by this chapter. Any member may, by way of summary proceedings, request the appointment of a representative specifically responsible for convening the meeting for the purpose of deciding on such adaptations or transformations. Notwithstanding any provision to the contrary, such decisions are taken by a…