Self-employed door-to-door salespeople whose business income has reached an amount set by decree during a period defined by the same decree are required to register with the Trade and Companies Register or the Special Register of Commercial Agents from the 1st January following this period.
On the day of the sale, the vendor and the purchaser will sign a document showing the monthly sales figures achieved between the end of the last financial year and the month preceding that of the sale. For a period of three years from the date on which the purchaser takes possession of the business, the seller shall make available to the purchaser, at his request, all the accounting books…
The seller shall, notwithstanding any stipulation to the contrary, be liable for the warranty due to the inaccuracy of its statements under the conditions laid down by the articles 1644 and 1645 of the Civil Code. Intermediaries, drafters of deeds and their agents, are jointly and severally liable with him if they are aware of the inaccuracy of the statements made.
The action resulting from Article L. 141-3 must be brought by the purchaser within a period of one year from the date of taking possession.
The vendor’s lien on a business only arises if the sale has been evidenced by a duly registered notarial or private deed. It relates only to the elements of the business listed in the sale and in the registration, and in the absence of precise designation, only to the sign and trade name, the right to the lease, the clientele and the goodwill. Separate prices are established for the intangible…
The seller’s lien may be set up against third parties by registration of the lien in a register held at the registry of the relevant commercial court, in accordance with procedures determined by decree of the Conseil d’Etat. Where this registration is made within thirty days of the date of the deed of sale, it takes precedence over any registration made within the same period on the part of the…
In the event of judicial or amicable resolution of the sale, the seller is obliged to repossess all the elements of the business that formed part of the sale, even those for which his lien and resolutory action have been extinguished. He is accountable for the price of the goods and equipment existing at the time of his repossession according to the estimate made of them by contradictory, amicable or…
The seller who exercises the resolutory action must notify it to the creditors registered on the land at the domicile declared by them in their registrations. The judgment can only be given after one month has elapsed since the notification.
A seller who has stipulated at the time of the sale that, in the absence of payment within the agreed term, the sale will be cancelled ipso jure, or who has obtained amicable cancellation from the purchaser, must notify the registered creditors, at the addresses declared in their registrations, of the cancellation incurred or agreed, which will not become final until one month after the notification thus made.
When the sale of a business is pursued by public auction, either at the request of a court-appointed administrator or agent, or judicially at the request of any other entitled party, the pursuing party must notify it to the previous sellers, at the domicile declared in their registrations, with a declaration that, if they fail to bring the resolutory action within one month of the notification, they are deprived, vis-à-vis…
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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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