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Article R2191-41 of the French Public procurement code

The body providing the guarantee shall be chosen from among the third parties approved by the Autorité de contrôle prudentiel et de résolution. Where this body is foreign, it shall be chosen from among the third parties approved in its country of origin.The purchaser may object to the body providing the guarantee.

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Article R2191-42 of the French Public procurement code

The institutions which have granted their guarantee or their guarantee on first demand shall be released from their commitments no later than one month after the expiry of the guarantee period.However, if reservations have been notified during the guarantee period to the contractor and to the institutions which have granted their guarantee or their guarantee on first demand and if they have not been lifted before the expiry of this…

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Article R2191-44 of the French Public procurement code

In the event of the termination of a contract which has not provided for a retention of guarantee, where a period is granted to the contractor under the conditions laid down in article R. 2191-30 to repay to the purchaser 80% of the amount of any credit balance appearing in the purchaser’s favour, the contractor shall provide a first demand guarantee or, if the purchaser does not object, a personal…

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Article R2191-46 of the French Public procurement code

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…

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Article R2191-47 of the French Public procurement code

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…

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Article R2191-49 of the French Public procurement code

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.

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