The sole purpose of the financial guarantee provided for in article L. 7123-19 is to ensure: 1° Payment to models made available to users by a modelling agency of their salary and related benefits, compensation for paid holidays and remuneration due under article L. 7123-6; 2° Payment to social security bodies or other social institutions of the compulsory contributions due for these employees.
The amount of the financial guarantee may be revised at any time and is reviewed each year. For each modelling agency, this amount may not be less than 6% of the total payroll resulting from the annual declarations made under article R. 243-14 of the Social Security Code, nor less than a minimum of 15,200 euros, which may be revised by decree.
In the event of the absorption or merger of modelling agencies, the amount of the guarantee of the agency thus formed may not be less than the amount of the combined guarantees of these agencies. If a modelling agency is split up, the amount of its guarantee is divided between the agencies resulting from the split, in proportion to their respective payroll.
The modelling agency must be in possession of a guarantee certificate issued by the guarantor, indicating in particular the name and address of the guarantor, the amount, the effective date and the expiry date of the guarantee granted. This guarantee certificate must be made available to the Labour Inspectorate and to the inspectors of the social security bodies and social institutions concerned.
The directors of the modelling agency shall include the name and address of their guarantor and the reference to article L. 7123-19 on all documents concerning the agency, in particular on the employment contracts that bind them to each of the models and on the contracts of availability that they conclude with the users.
Financial guarantees may only be given by mutual guarantee companies whose sole purpose is to guarantee the claims defined in article R. 7123-20.
The guarantee provided for in article L. 7123-20 may only be given by a collective guarantee body, an insurance company, a bank or a financial institution authorised to give guarantees where this body, company, bank or institution may legally carry on its business in France.
The guarantee commitment is the subject of a written contract specifying the conditions and the amount of the guarantee granted as well as the terms and conditions of the accounting control that the guarantor may exercise over the modelling agency. This contract shall mention the waiver by the guarantor, in the event of default by the modelling agency, of the benefit of discussion provided for in articles 2305 and 2305-1…
When a modelling agency’s guarantee commitment comes to an end, the agency may continue its activity only if it has obtained, under the conditions provided for in articles R. 7123-26 to R. 7123-28, another guarantee commitment, so that payment of the debts defined in article R. 7123-20 is guaranteed without interruption.
The modelling agency is considered to be in default, within the meaning of article L. 7123-19, when, at the end of a period of fifteen days following receipt of a formal notice, it has not paid all or some of the debts listed in article R. 7123-20. The modelling agency is also considered to be in default if it is the subject of safeguard, receivership or compulsory liquidation proceedings. In…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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