To Conclude An Agreement In French
It should be recalled as a preliminary matter that Article 126 of Law No. 2014-344 of March 2014 relating to consumer protection (commonly referred to as the “Hamon Law”) has included in the French code of commerce a new article L.441-9, which requires the conclusion of a written agreement for certain types of subcontracting purchases. Finally, it should be noted that art. L.441-9 of the French code of commerce logically stipulates that the written agreement must be prepared “in accordance with articles L. 441-6 and L. 442-6 [of the French code of commerce]. The DGCCRF also submitted a clarification of the provisions to be included in the written agreement. It stated that most of the information (at 1, 2, 3 and 4 degrees with regard to the respective debts of the parties and 6 degrees above) must in any case be included in the agreement. According to the DGCCRF, the law requires the inclusion of other information where this is justified by the intention of the parties (particularly at 4 degrees with regard to guarantees, such as the reserve of ownership, and 7 degrees with regard to the execution of a mediation procedure) or by the nature of the agreement (5 degrees with regard to intellectual property). As such, companies need to make sure that cash. L.441-9 of the French Code of Commerce complies with the rules imposed by the aforementioned articles, including, but not limited to, with regard to the general terms of sale, a significant imbalance between the parties and the terms of payment.
Therefore, a written agreement is now required for any purchase of manufactured products manufactured at the buyer`s request, in order to be included in its own production if the amount of such a purchase exceeds 500,000 euros. The absence of such a written agreement or the non-compliance with such an agreement written with the provisions of the article. L. 441-9 of the French Code of Commerce (i.e. if it does not contain all the mandatory information that must be included in all cases or if it does not contain the rules of intellectual property, when the nature of the agreement justifies it) is liable to an administrative fine of up to 75,000 euros for individuals and 375,000 euros for legal persons. This fine can be doubled for repeated violations (see art. L. 441-9 of the French code of commerce, by reference to art.
L. 441-7 II of the French Code of Commerce). Home News Business Law Outsourcing Production Activities: A new legal requirement requires the conclusion of a written agreement in some cases For any purchase of manufactured products suitable for the buyer for integration into its own production, Article L. 441-9 of the French Code of Commerce requires the conclusion of a written agreement and requires that it provide specific information. This article also specifies that this new formalistic requirement applies only to purchases exceeding an amount set by decree. According to this note, Article L. 441-9 of the French Code of Commerce does not apply to service agreements, “outsourcing agreements for tasks that do not constitute the core business of the client (cleaning, location security, IT, etc.) and the outsourcing of works, “the purchase of standardized products sold in the catalogue” and “the purchase of production tools” or other products that are not used in the buyer`s production process.”