French Commercial code
In forceThe document provided for in the first paragraph of Article L. 330-3 contains the following information:
1° The address of the registered office of the company and the nature of its activities with an indication of its legal form and the identity of the head of the company if it is a natural person or of the directors if it is a legal person; where applicable, the amount of the capital;
2° The particulars referred to in 1° and 2° of Article R. 123-237 as well as the date and number of registration or filing of the trademark and, where the trademark that is to be the subject of the contract has been acquired following an assignment or licence, the date and number of the corresponding entry in the national trademark register with, for licence contracts, an indication of the term for which the licence has been granted;
3° The company's bank account(s). This information may be limited to the five main bank accounts;
4° The date on which the business was set up with a reminder of the main stages in its development, including that of the network of operators, if applicable, as well as any information making it possible to assess the professional experience acquired by the operator or the managers.
The information mentioned in the previous paragraph may relate only to the last five years preceding the year in which the document is submitted. It must be supplemented by a presentation of the general and local state of the market for the products or services to be the subject of the contract and the prospects for the development of this market.
Appended to this part of the document must be the annual accounts for the last two financial years or, for companies whose financial securities are admitted to trading on a regulated market, the reports drawn up in respect of the last two financial years pursuant to III of Article L. 451-1-2 of the Monetary and Financial Code;
5° A presentation of the network of operators which includes:
a) A list of the undertakings that form part of it with an indication for each of them of the agreed method of operation;
b) The address of the undertakings established in France with which the person proposing the contract is bound by contracts of the same nature as the one whose conclusion is envisaged; the date of conclusion or renewal of these contracts is specified ;
Where the network has more than fifty operators, the information mentioned in the previous paragraph is only required for the fifty undertakings closest to the location of the proposed operation;
c) The number of undertakings which, being linked to the network by contracts of the same nature as the one proposed to be concluded, have ceased to be part of the network during the year preceding that in which the document is issued. The document shall specify whether the contract has expired or has been terminated or cancelled;
d) If applicable, the presence, in the area of activity of the location provided for by the proposed contract, of any establishment in which the products or services that are the subject of the contract are offered, with the express agreement of the person proposing the contract;
6° An indication of the duration of the proposed contract, the conditions for renewal, termination and assignment, and the scope of exclusivities.
The document also specifies the nature and amount of the expenditure and investment specific to the trade name or brand that the person to whom the draft contract is addressed will incur before commencing operations.
