ARTICLE
1 November 2016

Au Revoir Bailiff Notifications For The Assignment Of Receivables

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Reed Smith (Worldwide)

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Starting on October 1st , 2016 the French law on receivable acquisition has changed to become simpler.
France Insolvency/Bankruptcy/Re-Structuring

Starting on October 1st , 2016 the French law on receivable acquisition has changed to become simpler. Before, a formal bailiff's notification was required in order to render a receivable acquisition enforceable towards the debtor of such receivable.

Now a mere notification will achieve the same result. If no special form is imposed upon such notification, we would nonetheless recommend to use a registered letter in order to obtain a proof of delivery. In addition, any party may make the notification, so an agent under a loan agreement or similar arrangement may provide such assignment notification to the debtor, although we would recommend that parties only rely on the agent to make the notification when the agent has agreed to do so under a contract, so that evidence of the notification can be obtained if so required.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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