French Business Law - French Legislation

Article R313-17-1 of the French Monetary and Financial Code

November 6, 2023

When the claim is assigned or pledged under a partnership contract or a contract mentioned in the first paragraph of article L. 6148-5 of the Public Health Code, the notification is made to the assigning public accountant designated in the contractual documents. It must include the following information: 1° Under the conditions provided for by Articles L. 313-23 to L. 313-35 of the Monetary and Financial Code, the holder of…

Article R313-17-2 of the French Monetary and Financial Code

November 6, 2023

If the assigned receivable includes a portion representing a fraction of the cost of the investments, as defined pursuant to Article L. 313-29-1 of the French Monetary and Financial Code, the notification referred to in Article R. 313-17-1 shall include, in addition to the information provided for in that Article, the following compulsory statement: The share fixed contractually in article n°….. of the partnership contract or of the contract mentioned…

Article R313-18 of the French Monetary and Financial Code

November 6, 2023

In the event of a dispute, the notifying institution must prove that the debtor was aware of the notification. This proof is established in accordance with the rules of evidence applicable to the debtor of the assigned or pledged claim.

Article R313-19 of the French Monetary and Financial Code

November 6, 2023

The provision of the second paragraph of article L. 313-25, according to which the date of assignment or pledge is affixed by the assignee, may not apply to assignments of financial claims provided for in article L. 313-31. The debtor’s undertaking to pay the assignee of financial claims directly in accordance with the rules set out in article L. 313-29 is recorded in a written document entitled: “Deed of acceptance…

Article R313-20 of the French Monetary and Financial Code

November 6, 2023

I. – A secured claim within the meaning of article L. 313-42 may only be mobilised in accordance with the provisions of this article up to the limit of the smallest of the following amounts: 1. The outstanding principal amount of this claim ; 2. The product of the financing ratio defined in II and the value of the asset financed or provided as collateral. II. – The proportion referred…

Article R313-22 of the French Monetary and Financial Code

November 6, 2023

A charge on real property, conferring a guarantee equivalent to a 1st ranking mortgage within the meaning of article L. 313-42, is one that gives the creditor, regardless of the debtor’s legal situation, the right to sell the property encumbered by this charge wherever it may be held and to be paid from the sale price in preference to other creditors.

Article R313-24 of the French Monetary and Financial Code

November 6, 2023

For the purposes of 2° of I of article L. 513-3, eligible guaranteed loans are those for which a credit institution, finance company or insurance company with equity of at least 12 million euros is a joint guarantor.

Article R313-25 of the French Monetary and Financial Code

November 6, 2023

The contract for the issue of bonds issued by a credit institution whose sole purpose is to refinance promissory notes complying with the provisions of articles L. 313-42 to L. 313-49 shall explicitly state: 1° The purpose of the mobilisation ; 2° The exclusive purpose of the issuing credit institution; 3° The exemption provided for in 2° of IV of article R. 214-21; 4° The privilege enjoyed by the issuing…

Article R313-25-1 of the French Monetary and Financial Code

November 6, 2023

The issue by finance companies of the securities referred to in Articles L. 313-30 and L. 313-31 or the promissory notes referred to in Article L. 313-42 meets one or other of the following two conditions: 1° Subscription of securities issued pursuant to Articles L. 313-30 and L. 313-31 or promissory notes issued pursuant to Article L. 313-42 is reserved for persons providing portfolio management services on behalf of third…

Article D313-26 of the French Monetary and Financial Code

November 6, 2023

Pursuant to article L. 313-50, the surety guarantee mechanism covers surety commitments granted by a credit institution or finance company authorised in France under: 1° Article 1799-1 of the Civil Code, Article 1 of Law no. 71-584 of 16 July 1971, as amended, designed to regulate the retention of guarantees in respect of works contracts as defined by 3° of Article 1779 of the Civil Code and Articles 13-1 and…

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Regulatory part

Article R313-17-1 of the French Monetary and Financial Code

Article R313-17-2 of the French Monetary and Financial Code

Article R313-18 of the French Monetary and Financial Code

Article R313-19 of the French Monetary and Financial Code

Article R313-20 of the French Monetary and Financial Code

Article R313-22 of the French Monetary and Financial Code

Article R313-24 of the French Monetary and Financial Code

Article R313-25 of the French Monetary and Financial Code

Article R313-25-1 of the French Monetary and Financial Code

Article D313-26 of the French Monetary and Financial Code

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