Section 3: Procedures for mobilising trade receivables

Any loan granted by a credit institution, an AIF covered by paragraph 2 of sub-section 3 or sub-section 5 of Section II of Chapter IV of Title I of Book II, or by a finance company to a legal entity governed by private or public law, or to a natural person in the exercise of his professional activity, may give rise to the assignment or pledging by the beneficiary of…

Even when it is made by way of security and without stipulating a price, the assignment of a claim transfers ownership of the assigned claim to the assignee. Unless otherwise agreed, the signatory of the deed of assignment or pledge is jointly and severally liable for payment of the assigned or pledged receivables.

The transfer form is signed by the transferor. The signature is affixed either by hand or by any non-handwritten method. The slip may be made out to order. The date is affixed by the transferee.

The slip may only be transferred to another credit institution or finance company or to another AIF mentioned in article L. 313-23.

The assignment or pledge takes effect between the parties and becomes enforceable against third parties on the date stamped on the slip when it is delivered, regardless of the date on which the receivables arose, fall due or are payable, without the need for any other formality, and regardless of the law applicable to the receivables and the law of the country of residence of the debtors. From that date,…

The credit institution, finance company or FIA referred to in Article L. 313-23 may, at any time, prohibit the debtor of the assigned or pledged receivable from paying into the hands of the signatory of the slip. From the date of this notification, the form of which is determined by the decree of the Conseil d’Etat provided for in article L. 313-35, the debtor is only validly discharged by the…

At the request of the beneficiary of the docket, the debtor may undertake to pay the beneficiary directly: this undertaking is recorded, on pain of nullity, in a written document entitled: “Deed of acceptance of assignment or pledge of a business claim”. In this case, the debtor may not raise against the credit institution or finance company or the FIA referred to in article L. 313-23 any defences based on…

When all or part of the remuneration due under a partnership contract or a contract referred to in the first paragraph of Article L. 6148-5 of the Public Health Code in respect of investment costs, which include in particular study and design costs, construction costs and ancillary costs, interim financial costs and financing costs, is assigned pursuant to Articles L. 313-23 to L. 313-29 of this Code, the contract may…

When the contracting public entity accepts, under the conditions provided for in Article L. 313-29-1 or Article L. 513-14, one or more assignments of receivables, each of which relates to all or part of the remuneration due in respect of the investment costs and financing costs referred to in the same Articles L. 313-29-1 or L. 513-14, the total commitment of the public entity in respect of this or these…