In the event of an assignment or pledge made in accordance with the provisions of articles L. 313-23 to L. 313-34 of the Monetary and Financial Code, the notification provided for in article L. 313-28 of this code is sent to the assigning public accountant designated in the contract in the form provided for in article R. 313-17 of the said code.
With effect from the notification or service on the accounting officer provided for in paragraph 1, the beneficiary of the assignment or pledge of the claim shall alone collect the amount of the claim or the part of the claim that has been assigned or pledged to him.
Where the assignment or pledge of the receivable has been made in favour of several beneficiaries, each beneficiary alone collects the portion of the receivable allocated to him or her.
The single copy or the certificate of transferability shall be submitted by the organisation benefiting from the transfer or pledge to the assigning accounting officer as a supporting document for payment.
The beneficiaries of pledges or assignments of receivables may not intervene in any way in the performance of the contract.They may only require from the purchaser or the assigning accounting officer the information mentioned in this sub-section.
During the performance of the contract, the purchaser shall communicate to the beneficiaries of the pledge or assignment of receivables, when they so request:1° Either a summary statement of the services provided, accompanied by an evaluation which is not binding on the purchaser;2° Or the statement of entitlements established in favour of the contract holder.It shall also communicate to them, at their request, a statement of the advances and payments…
When they so request by registered letter with acknowledgement of postal receipt, providing proof of their status, the purchaser shall notify the beneficiaries of pledges or assignments of receivables, at the same time as the contract holder, of all amendments made to the contract which have an effect on the pledge or assignment.
The accounting officer shall communicate to the beneficiaries of the pledge or assignment of receivables, when they so request, a detailed statement of the objections to payment of the receivable held by the holder of the contract that he has received.
The only suppliers likely to benefit from the privilege resulting from article L. 3253-22 of the Labour Code are those who have been approved by the purchaser. This privilege only applies to supplies delivered after the date on which the application for approval is received by the competent authority.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
