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Article L441-6 of the French Commercial code

Any breach of the provisions of articles L. 441-3 to L. 441-5 is punishable by an administrative fine of up to €75,000 for a natural person and €375,000 for a legal entity. The maximum fine incurred is increased to €150,000 for a natural person and €750,000 for a legal entity if the breach is repeated within two years of the date on which the first penalty decision became final. By…

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Article L441-7 of the French Commercial code

I.-The contract concluded between a supplier and a distributor relating to the design and production of food products in a manner that meets the specific needs of the purchaser and sold under a distributor’s brand mentions the price or the criteria and procedures for determining the purchase price of the agricultural products used in the composition of these food products. The determination of the price takes into account the efforts…

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Article L441-8 of the French Commercial code

I. – Without prejudice to Article 172a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, contracts with a performance period of more than three months relating to the sale of agricultural and food products…

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Article L441-9 of the French Commercial code

I.-Any purchase of products or provision of services for a professional activity is subject to invoicing. The seller is obliged to issue the invoice as soon as the delivery or service provision has been completed within the meaning of 3 of the I of article 289 of the General Tax Code. The buyer is obliged to claim it. The seller and the buyer shall each keep a copy of any…

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Article L441-10 of the French Commercial code

I.-Unless otherwise provided for in the terms and conditions of sale or agreed between the parties, the period for payment of sums due may not exceed thirty days after the date of receipt of the goods or performance of the service requested. The period agreed between the parties for payment of sums due may not exceed sixty days after the date of issue of the invoice. By way of derogation,…

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Article L441-11 of the French Commercial code

I.-The professionals in a sector, customers and suppliers, may jointly decide to reduce the maximum payment period set in the second, third and fourth paragraphs of I of Article L. 441-10. They may also propose to use the date of receipt of the goods or performance of the requested service as the starting point for this period. Agreements may be concluded to this effect by their professional organisations. A decree…

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Article L441-12 of the French Commercial code

Parrogation au I de l’article L. 441-10, le délai convenu entre les parties pour le paiement des achats effectués en franchise de la taxe sur la valeur ajoutée, en application de l’article 275 of the General Tax Code, of goods intended to be delivered as such outside the European Union may not exceed ninety days after the date of issue of the invoice. The period agreed between the parties shall…

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Article L441-13 of the French Commercial code

For deliveries of goods that are imported into the tax territory of the departments of Guadeloupe, Martinique, French Guiana, Réunion and Mayotte and the overseas collectivities of Saint-Barthélemy, Saint-Martin, the Wallis and Futuna Islands and Saint-Pierre-et-Miquelon, the payment periods provided for in I of Article L. 441-10 and 1° to 4° of II of Article L. 441-11 shall only be counted from the date of customs clearance of the goods…

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Article L441-14 of the French Commercial code

Companies whose annual accounts are certified by a statutory auditor provide information on the payment terms of their suppliers and customers in accordance with procedures defined by decree. This information is the subject of an attestation by the statutory auditor, under conditions set by the same decree. Where the company concerned is a large company or an intermediate-sized company, within the meaning of the article 51 of Law no. 2008-776…

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Article L441-15 of the French Commercial code

I.-Any professional operating in an economic sector mentioned in III may ask the administrative authority responsible for competition and consumer affairs to take a formal position on compliance with the second, third and fourth paragraphs of I of Article L. 441-10 of the arrangements for calculating the payment periods that it plans to introduce. The purpose of this formal position is to protect this professional from a change in assessment…

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