This book provides a wide-ranging review of the European rules relating to distribution: exclusive purchase and exclusive supply, exclusive and selective distribution, motor vehicle distribution, franchises, commercial agents.

French Distribution Law

All commercial agents, whether natural or legal persons, established and carrying out their business in France, must be registered with a special register kept at the registry of the commercial court or the Tribunal de grande instance ruling in commercial matters. Their nationality is irrelevant where they are domiciled in France.
Registration must take place before the agent commences his activit …

Registration formalities.

All commercial agents, whether natural or legal persons, established and carrying out their business in France, must be registered with a special register kept at the registry of the commercial court or the Tribunal de grande instance ruling in commercial matters. Their nationality is irrelevant where they are domiciled in France.

Registration must take place before the agent commences his activity. A small delay may however be accepted and has no impact on the agent's right to commission which is then subject to the contractual provisions between the parties. An agent who registers with the special register of commercial agents two weeks after his principal asked him to do so does not commit any fault .

The registration conditions are defined in Articles R. 134-4 to R. 134-17 of the Commercial Code. The commercial agent files a statement in duplicate at the registry in which he states that he operates his business under the conditions laid down by law . Article 3 of the Order of 8 January 1993 lists the documents which may be attached to the application .

After carrying out the necessary checks, the registry assigns registration numbers. Those numbers must then appear in all the business documents of the agent. The receipt of the statement given to the agent amounts to a business card.

The agent is registered both with the commercial agent's registry and the Commercial and Company Register if it is a commercial company or if it carries out a commercial activity. Registration with the Commercial and Company Register can never be deemed as registration with the register of commercial agents since the two registers are totally distinct. However, being registered with the Commercial and Company Register and not being registered with the special register specific to commercial agents is not sufficient to set aside the status as commercial agent in favor of the status as a merchant .

CA Paris, 25 June 1999, LawLex200200004221JBJ.

Natural persons must provide: ID card, foreign trader's license, if any, or a copy of the residence permit for citizens of the Member States of the EU or States with which specific agreements have been concluded, unless they justify that they are not subject to it, or a copy of the resident card in France in case provided for by the Law of 17 July 1984, a copy of the written document signed with a principal which mentions the content of the agency contract or, failing such a document, any document which establishes the existence of such a contract, translated into French if need be; a bulletin or an application for affiliation with a pension fund for non-employees and a bulletin or an application for affiliation with a family allowance fund. Legal entity shall submit: in all events: a copy of the written document signed with a principal which mentions the content of the agency contract or, failing such a document, any document which establishes the existence of such a contract, translated into French if need be. For a commercial company: a) an extract from the Commercial and Company Register less than three months old; b) Identity document and, as the case may be, the foreign trader's license issued to the chairman of the board of directors, to members of the management board, to managers and to limited or general partners; For a professional partnership: a) Extract from the Commercial and Company Register less than three months old; b) ID card and, as the case may be, the foreign trader's license issued to partners.

Cass. com., 28 May 2002, LawLex200200004169JBJ quashing: CA Colmar, 19 October 1999, LawLex200200004191JBJ.

French Distribution Law

461. Registration formalities.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

461. Registration formalities.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise