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…
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.
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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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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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