Commercial Leases/Business Goodwill

Ancillary premises, unlike a secondary establishment, do not require registration with the Trade and Companies Register to benefit from the status of commercial leases . The ancillary nature of the premises depends on whether or not a business is operated in the premises in question. Indeed, registration with the Trade and Companies Register is not required for ancillary premises, even if they are …

Ancillary premises

Ancillary premises, unlike a secondary establishment, do not require registration with the Trade and Companies Register to benefit from the status of commercial leases . The ancillary nature of the premises depends on whether or not a business is operated in the premises in question. Indeed, registration with the Trade and Companies Register is not required for ancillary premises, even if they are not contiguous , where a business is not directly operated , particularly premises where no sales activity is conducted and where customers do not have access .

Cass. 3e civ., 11 December 1996, LawLex202100001454JBJ, regarding an ancillary premises used as a storeroom for a business; CA Paris, 4 April 2024, LawLex202400002965JBJ.

Cass. 3e civ., 4 November 1992, LawLex202100001425JBJ.

Cass. 3e civ., 11 June 1997, LawLex202100001455JBJ.

For a qualification of an ancillary premises, See Paris, 31 October 2001, LawLex202100003596JBJ, regarding ancillary premises used as a workshop without genuine commercial operation. For a refusal to qualify as ancillary premises, See Cass. 3e civ., 23 February 1982, LawLex202100001452JBJ, according to which the premises in question are not ancillary to the business operated by the lessee in another city since these premises are used as a sales point and a business is operated there, this establishment must be registered in the trade and companies register; Also see Cass. 3e civ., 5 March 1986, LawLex202100001331JBJ, according to which a Court of Appeal's decision must be overturned if it decides that premises are governed by the provisions relating to the status of commercial leases, holding that it must be defined as an ancillary premises absolutely necessary for the normal continuation of the business operation, while noting that these premises, where the lessee markets part of their goods, are not mentioned in the trade and companies register.

Commercial Leases/Business Goodwill

40. Ancillary premises

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

40. Ancillary premises

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise