CASE COMMENT : RESTRICTIVES PRACTICES - DUTREIL LAW

"Gérance mandat": The French legislator modifies the status of the "gérant-mandataire" with the adoption of the Dutreil Act (Art. L. 146-1 et s. C. com.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Law No. 2005-882 of 2 August 2005 Law No. 2005-882 of 2 August 2005 in favour of SMEs created in articles L. 146-1 et seq. C. com. a status of manager-agent applicable to natural or legal persons who manage a business or craft business in the name and on behalf of the owner, in return for a commission proportional to turnover. Two conditions for the application of the status of manager-agent are worthy of note: The application of the new status assumes that the risks associated with the operation of the fund are borne by the principal, i.e. the owner. The requirement is based on the suppletive rule laid down in Article 2000 of the Civil Code, which

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Dominique Ferré, "Gérance mandat": The French legislator modifies the status of the "gérant-mandataire" with the adoption of the Dutreil Act (Art. L. 146-1 et s. C. com.), 2 August 2005, Concurrences N° 4-2005, Art. N° 27728, www.concurrences.com

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