The maximum amount of the claim that the holder may assign or pledge corresponds to the amount of the contract less the amount of sub-contracted services giving rise to direct payment.
When the holder of the contract wishes to assign or pledge his claim, he shall inform the purchaser, who shall send him:1° Either a copy of the original contract bearing a statement signed by the purchaser indicating that this document is issued in a single copy to enable the holder to assign or pledge the claim arising from the contract;2° Or a certificate of transferability in accordance with a model…
In the case of any contract providing for more than one accounting officer, the purchaser shall supply as many single copies or certificates of transferability as there are accounting officers, specifying in a note affixed to each of these documents the accounting officer to whom it is to be sent. Each document shall mention only that part of the total debt which the accounting officer to whom it is sent…
The contract holder may request that the content of the single copy or the certificate of transferability be limited to the information necessary for the assignment or pledging of the claim.
When the secrecy required in defence matters prevents the copy of the contract from being given to the beneficiary of an assignment or pledge of a claim, the purchaser shall issue the contractor with a single copy or a certificate of transferability containing only the information compatible with this secrecy.
If there is a change in the designation of the accounting officer or in the terms of settlement of the contract, the purchaser shall annotate the single copy or the certificate of transferability with a note recording the change.
In the case of a framework agreement with order forms or a contract with optional tranches, either a single copy or a certificate of transferability of the contract, or a single copy or a certificate of transferability of each order form or each tranche shall be issued at the request of the holder.
In the case of a contract awarded to a joint grouping of economic operators, each economic operator is issued with a single copy or a certificate of transferability limited to the amount of the services entrusted to it.
In the case of a contract awarded to a joint venture of economic operators, a single copy or a certificate of transferability is issued in the name of the joint venture, provided that the services provided by the companies are not individualised. If the services are individualised, the provisions of article R. 2191-52 apply.
The beneficiary of an assignment or pledge of a claim under a contract shall notify or serve this assignment or pledge on the assigning public accounting officer.
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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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