The rules for the creation of mutual guarantee companies between traders, industrialists, manufacturers, craftsmen, commercial companies, members of the liberal professions, owners of real estate or real estate rights, as well as between operators, holders of stocks of crude oil or petroleum products, are set by the law of 13 March 1917.
Business project support for the creation or takeover of an economic activity is defined by a contract by which a legal entity undertakes to provide, using the means at its disposal, specific and ongoing assistance to a natural person, not in full-time employment, who undertakes to follow a programme of preparation for the creation or takeover and management of an economic activity. This contract can also be concluded between a…
The business project support contract is concluded for a period that may not exceed twelve months, renewable twice. The terms of the support and preparation programme and the respective commitments of the contracting parties are specified in the contract. This includes the conditions under which the beneficiary may make commitments to third parties in relation to the planned economic activity. The contract must be concluded in writing, failing which it…
The fact that the legal entity responsible for the support makes available to the beneficiary the resources necessary to prepare the beneficiary for the creation or takeover and for the management of the planned economic activity does not, of itself, give rise to a presumption of a subordinate relationship. The provision of these resources and any consideration for the costs incurred by the legal entity responsible for the support in…
When, during the course of the contract, an economic activity begins, the beneficiary must register the business, if such registration is required by the nature of that activity. Prior to any registration, the commitments made by the beneficiary to third parties in connection with the support and preparation programme are, with respect to those third parties, assumed by the support provider. After registration, the legal entity responsible for the support…
The business project support contract for the creation or takeover of an economic activity may not have the purpose or effect of breaching the provisions of articles L. 125-1, L. 125-3,L. 324-9 or L. 324-10 of the Labour Code. The act of creating or taking over a business must be clearly distinguished from the support function.
The professional and social situation of the beneficiary of the business project support contract is determined by the articles L. 783-1 and L. 783-2 du code du travail. The legal entity responsible for the support is liable to third parties for damage caused by the beneficiary on the occasion of the support and preparation programme mentioned in articles L. 127-1 and L. 127-2 before the registration referred to in Article…
The procedures for publicising business project support contracts for the creation or takeover of an economic activity and the other measures for applying this chapter are set by decree in the Conseil d’Etat.
In order to combat fraud, prevent the commission of the offences provided for in the articles 434-40-1 du code pénal et L. 654-15 of this code and to promote the enforcement of management ban measures handed down by the judicial courts, the Conseil national des greffiers des tribunaux de commerce is authorised to implement an automated national file of those banned from managing. Maintaining this file is a public service…
The clerks of the commercial courts and the clerks of the civil courts ruling on commercial matters shall have permanent access to the file mentioned in Article L. 128-1. The following may be recipients, within the meaning 9) of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data…
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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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