Subsection 3: Financial guarantee

The formal notice referred to in article R. 7123-30 may be issued either by an employee or by a social security body or social institution, provided that their claims are certain, liquid and due. This formal notice is sent by registered letter with acknowledgement of receipt. The guarantor is informed of the formal notice sent by the creditor by registered letter with acknowledgement of receipt or by letter delivered against…

As soon as it is established that the modelling agency is in default, the holder of one of the claims defined in article R. 7123-20 may send the guarantor a request for payment by registered letter with acknowledgement of receipt or by letter delivered against receipt. The guarantor hears the representative of the modelling agency and receives his explanations on the request submitted.

When a modelling agency is the subject of safeguard, receivership or liquidation proceedings, the court-appointed agent or liquidator shall send the guarantor a statement, endorsed by the bankruptcy judge, of the salaries, unpaid contributions and remuneration due under article L. 7123-6 .This statement is sent within ten days of the judgment being handed down and in the form set out in article R. 7123-32. It specifies the rights of each…

The guarantor shall pay the sums due within ten days of receipt of the request for payment. Where the balance of payments requested exceeds the amount of the financial guarantee, claims of the same nature shall be settled in proportion to the payments requested.

If the guarantor disputes the existence, due date or amount of the claim, the employee or the social security body may take the guarantor directly to court.

The guarantor who has paid the sums defined in article R. 7123-20 is subrogated, to the same extent, in all the rights of the employees, social security bodies and social institutions against the modelling agency. The guarantor shall inform the user concerned and the Prefect of the payment of these sums.

In the event of termination of the guarantee, the guarantor shall inform the following by registered letter with acknowledgement of receipt, within three days of the date on which he is informed, in the district of the head office of the modelling agency:1° The regional directorate for companies, competition, consumption, labour and employment;2° The body responsible for collecting social security contributions.