Chapter VII: The business project support contract for the creation or takeover of an economic activity.

Business project support for the creation or takeover of an economic activity is defined by a contract by which a legal entity undertakes to provide, using the means at its disposal, specific and ongoing assistance to a natural person, not in full-time employment, who undertakes to follow a programme of preparation for the creation or takeover and management of an economic activity. This contract can also be concluded between a…

The business project support contract is concluded for a period that may not exceed twelve months, renewable twice. The terms of the support and preparation programme and the respective commitments of the contracting parties are specified in the contract. This includes the conditions under which the beneficiary may make commitments to third parties in relation to the planned economic activity. The contract must be concluded in writing, failing which it…

The fact that the legal entity responsible for the support makes available to the beneficiary the resources necessary to prepare the beneficiary for the creation or takeover and for the management of the planned economic activity does not, of itself, give rise to a presumption of a subordinate relationship. The provision of these resources and any consideration for the costs incurred by the legal entity responsible for the support in…

When, during the course of the contract, an economic activity begins, the beneficiary must register the business, if such registration is required by the nature of that activity. Prior to any registration, the commitments made by the beneficiary to third parties in connection with the support and preparation programme are, with respect to those third parties, assumed by the support provider. After registration, the legal entity responsible for the support…

The business project support contract for the creation or takeover of an economic activity may not have the purpose or effect of breaching the provisions of articles L. 125-1, L. 125-3,L. 324-9 or L. 324-10 of the Labour Code. The act of creating or taking over a business must be clearly distinguished from the support function.

The professional and social situation of the beneficiary of the business project support contract is determined by the articles L. 783-1 and L. 783-2 du code du travail. The legal entity responsible for the support is liable to third parties for damage caused by the beneficiary on the occasion of the support and preparation programme mentioned in articles L. 127-1 and L. 127-2 before the registration referred to in Article…

The procedures for publicising business project support contracts for the creation or takeover of an economic activity and the other measures for applying this chapter are set by decree in the Conseil d’Etat.