Professional Civil Liability Insurance
LexInter | July 9, 2016 | 0 Comments

Professional Civil Liability Insurance

 

Article 49

The persons referred to in article 1 of this decree must prove that they are covered for each establishment, branch, agency or office, against the financial consequences of professional civil liability that they may incur as a result of their activities, by a contract taken out by them with an insurance company or an insurer approved in application of the decree of June 14, 1938.

A joint order of the Keeper of the Seals, Minister of Justice, and the Minister of the Economy and Finance, sets the minimum conditions that must be included in this contract and the form of the proof of insurance document which must be submitted to the Prefect at the time. of the application for the issue or renewal of the professional card.

Article 50

Any suspension of guarantee, termination of the tacit renewal or termination of the insurance contract is brought without delay by the insurance company or the approved insurer to the attention of the prefect who issued the professional card.

Chapter V: Special obligations in the event of receipt, holding or disposal of funds, bills or securities by intermediaries.
Section I: Registers-directories and receipts.

Article 51

All payments or remittances made to the holder of the “Transactions on buildings and business” card must be immediately mentioned in a register-directory called “From the law of January 2, 1970” in accordance with the model set by joint order of the Keeper of the Seals , Minister of Justice, and the Minister of Economy and Finance.

The register-directory is, in advance, linked and listed without discontinuity.

The existence of this register does not exempt its holder from fulfilling, with regard to the keeping of other books or registers, the obligations to which he is bound by reason of his capacity or the nature of the transactions in which he is engaged.

The register-directory is held under the responsibility of the holder of the professional card, or of his legal or statutory representatives, if it is a legal person.

Apart from the register-directory kept by the holder of the professional card for all the activities corresponding to this card, a register-directory is kept for the payments or remittances specific to each establishment, branch, agency or office, under the responsibility of the person who runs it.

The guarantor can request, at any time, communication of the register-directory.

Article 52

All remittances or rebates must result in the issuance of a receipt. This receipt conforms to a model set by joint order of the Keeper of the Seals, Minister of Justice, and the Minister of the Economy and Finance. A duplicate of the receipt remains in a receipt book.

This decree also fixes the information that the receipt must contain.

The guarantor may request that a duplicate of each receipt be sent to him.

The holder of the register-register may, under his responsibility and subject to the stipulations of the contract granting the guarantee, deliver receipts to persons acting on his behalf and holders of the receipt or certificate provided for in Articles 8 and 9 above.

The holder of the register-directory must enter in a special report the date of entry into service of each receipt book, specifying its number, as well as, where applicable, the name and position of its holder, as well as the number of receipt or certificate.

The payments or remittances received by these persons must be mentioned in the register-directory of the one for whose account they hold the books, within five clear days of the receipt of the receipt.

Article 53

The registers and documents referred to in Articles 51 and 52 above must be kept for ten years.

Article 54

The professional card “transactions on buildings and goodwill” does not authorize its holder to receive as such, even occasionally, payments or discounts listed in Article 64 below, on the occasion of the rental or the bare or furnished subletting of buildings, whether built or not, or fees for lease management of a business.

Section II: Obligations concerning intermediaries guaranteed by a credit institution or by an insurance company.

Article 55
Modified by Decree 95-818 1995-06-29 art. 15, art. 16 JORF June 30, 1995.

When the guarantee is given by a credit institution or an insurance company, the holder of the professional card provided for in the first paragraph of article 1 of this decree is required to have it opened, in his name, in a credit institution. , an account which is exclusively assigned to the reception of payments or remittances referred to in article 5 of the aforementioned law of January 2, 1970.

Only one account of this nature can be opened per professional card holder.

This account operates exclusively under the signature of the holder of the professional card, of his or her legal or statutory representative (s), if it is a legal person, and, where applicable, of the manager, agent or employee, and employees specially authorized for this purpose. The administrator or the liquidator, in the event of receivership or compulsory liquidation, or a legal representative if the account holder is unable to express his will, may make withdrawals. There can be no set-off or merger agreement between this account and any other account opened in the name of its holder in the same credit institution.

 

Article 56
Modified by Decree 95-818 1995-06-29 art. 15, art. 17 JORF June 30, 1995.

All payments received by the holder of the professional card must be made by means of either crossed checks payable to the credit institution where the account is opened, or by bank transfer or by postal order payable to the said institution. credit, with indication of the account number.

The effects, as well as the values ​​received by the account holder, must be returned to the establishment where this account is opened. Payments or remittances are received in the same forms by the holders of the receipt of the declaration or certificate provided for in Articles 8 and 9, in the name and on behalf of the holder of the professional card, and must also be deposited in the conditions provided for in the previous paragraphs.

Article 57
Modified by Decree 95-818 1995-06-29 art. 15, art. 18 JORF June 30, 1995.

 

Withdrawals from the account provided for in article 55 may only be made by transfer or by issuing a crossed check or, in the case of securities or bills, by a withdrawal receipt.

Article 58
Modified by Decree 95-818 1995-06-29 art. 15, art. 19 JORF June 30, 1995.

From the notification of the termination of the guarantee to the credit institution which maintains the account, withdrawals can only be made with the agreement of the guarantor.

If the account holder refuses to make a withdrawal, the appointment of a provisional administrator may be requested from the president of the high court ruling in summary proceedings.

In the event of a change in the financial guarantee, funds from operations in progress at the time of termination of the previous guarantee cannot be transferred to another account of the same nature or to a special account with sections provided below, as the case may be, only if they are covered under the new guarantee.

Section III: Obligations concerning intermediaries whose guarantee results from a deposit.

Article 59
Modified by Decree 95-818 1995-06-29 art. 20 JORF June 30, 1995.

 When the guarantee results from a deposit, the person who is the holder of the professional card “transactions on buildings and goodwill” is required to open a special account with sections which is exclusively assigned to the receipt of payments and discounts referred to in article 5 of the aforementioned law of January 2, 1970. This account is opened in a credit institution or at the deposit and consignment office. Payments and remittances received by the card holder during the operations referred to in Article 1 (1 ° to 5 ° and 7 °) of the law must be deposited in this account under the following conditions.

Payments must be made by means of either checks payable to the establishment where the account is opened and crossed out, or by bank transfer, or by money orders or postal transfers payable to the said establishment.

These payments must mention the operation to which they relate, the name of the person who carried out it, and that of the person or persons who may be beneficiaries. They are entered in the account under a heading containing these various mentions.

The bills as well as the values ​​received by the account holder must be placed in the special account with sections and their deposit is made at the establishment under the conditions provided for in the previous paragraph.

When the holders of a declaration receipt or certificates provided for in Articles 8 and 9 act in the name and on behalf of the person who holds the special account with sections, the payments and remittances they receive must be made in the forms provided for in this article.

Article 60

Withdrawals from the special account with sections can only be made by bank-to-bank transfers or to a postal check account, by issuing a crossed bank check, or even, if they are securities or effects, by a withdrawal receipt.

Article 61
Modified by Decree 95-818 1995-06-29 art. 21 JORF June 30, 1995.

 The account holder may dispose of the sums or securities appearing in one section of the account under his sole signature, but only for the benefit of:

1 ° A notary;

2 ° The person who made the payment or remittance;

3 ° Persons designated as beneficiaries when registering for the account, with the exception of himself;

4 ° A judicial sequestration or creditors of persons owning funds or securities;

5 ° Of himself, on the condition that he justifies a claim arising from the transmission of a right relating to operations specified in article 1 of the law of January 2, 1970 (1 ° to 5 ° included and 7 °).

The trustee, in the event of judicial settlement or liquidation of assets, or a legal representative if the account holder is unable to express his will, may make the withdrawals in place of the holder.

The justification of the creditor status of the seller of a business can sufficiently result for the bank from the joint nature of the disposal order given by the account holder and by the seller himself.

Article 62

Unless there are specific instructions from the holder of the special section account, the institution holding the securities or bills delivered is not required to monitor the maturities of the securities or bills. The sums coming from the collection of securities or bills are directly credited to the heading corresponding to the transaction.

The institution which maintains the account is required to verify that the beneficiaries of the withdrawals are among the persons listed in article 61 above. Any opposition or garnishment against assets appearing in an account section must be carried out in the hands of the account holder.

Article 63

From the notification of the termination of the guarantee to the establishment which maintains the account, withdrawals can only be made by an administrator appointed by the president of the tribunal de grande instance on simple request.

In the event of a change in the financial guarantee, the funds from operations in progress at the time of the termination of the previous guarantee cannot be transferred to an account provided for in article 55 unless they are taken over under the new one. guarantee.

Chapter VI: Special provisions for property management.

Article 64

The holder of the professional “property management” card can receive sums representing rents, charges, occupancy allowances, services, guarantees, advances on works, and, more generally, all goods, sums or values ​​whose collection is the consequence. administration of the property of others.

Unless the holder of the “property management” professional card represents the legal person he administers, in particular a syndicate of co-owners, a company or an association, he must hold a written mandate which specifies the scope of his powers and which expressly authorizes him to receive goods, sums or securities, in connection with the management for which he is responsible.

Article 65

The holder of the “property management” professional card, his or her legal or statutory representative (s), if it is a legal person, must keep, under his responsibility, a register of mandates, in accordance with a model set by decree spouse of the Keeper of the Seals, Minister of Justice, the Minister of the Interior and the Minister of the Economy and Finance, on whom the mandates provided for in the preceding article are mentioned in chronological order.

The entry number in the money order register is entered on that of the copies of the money order which remains in the possession of the principal.

Decisions of any kind which entrust the holder of the mandate register with the management of a syndicate of co-owners, a company or an association must be mentioned on their date in the register.

This register is, in advance, listed without discontinuity and linked.

In the event of termination of the guarantee, this register is communicated to the guarantor or to the appointed administrator.

Article 66

The mandate specifies the conditions of the rendering of accounts which must occur at least every year.

The agent may not request or receive, directly or indirectly, other remuneration, on the occasion of the transactions for which he is responsible, other than those for which the conditions of determination are specified in the mandate or in the appointment decision, or from persons other than those designated therein.

Article 67

The rents paid in advance in the hands of an agent, in any form and for any reason whatsoever, on the occasion of the leasing of things, may not exceed a sum corresponding to the amount of the rent relating to the period. rental when it does not exceed three months. For rentals lasting more than three months, the sums thus paid may not exceed an amount which exceeds three months’ rent for residential premises, premises for professional use and premises for professional and residential use, and six months rent for premises for commercial, industrial or craft use.

Payments or remittances made into the hands of an agent and corresponding to a deposit or rent paid in advance cannot be accepted by the agent more than three months before entering the premises or handing over the keys.

Notice of payments or discounts relating to new rentals must be given to the owner or lessor by registered letter or in writing delivered against a receipt, at the latest within eight days of the remittance of the funds.

Article 68

With regard to the so-called seasonal rentals of furnished premises, for a maximum non-renewable period of 90 days, payments and discounts made in the name of the agent cannot be received by the latter more than six months before the start of the rental or exceed in any case, when made before entering the premises, a quarter of the amount of the rent: the payment of the balance of the rent may be required against the handing over of the keys.

Notice of such payments or remittances must be given to the owner or lessor under the conditions stipulated in the mandate.

Article 69

The holder of the professional “property management” card may receive payments or discounts, other than those mentioned in article 64, and even a sale price, on the occasion of one of the operations specified in article 1. (1 ° to 5 °) of the aforementioned law of January 2, 1970, but only occasionally and under the following conditions:

1 ° He must manage for more than three years the good which is the object of the contract;

2 ° The funds, goods, bills or securities received or held under these conditions must be included in the amount of the financial guarantee, in accordance with the provisions of article 29 above; 3 ° He must have received a special mandate meeting the conditions provided for in Articles 72 et seq., For the purpose of carrying out the transaction in question;

4 ° The pecuniary consequences of professional civil liability which may be incurred on this occasion must be covered, either by the policy relating to property management activities, or by a special or additional policy taken out with an insurance company or ‘an insurer approved in application of the aforementioned decree of June 14, 1938.

Article 70
Modified by Decree 95-818 1995-06-29 art. 22 JORF June 30, 1995.

 In the event of termination of the guarantee, the person referred to in Article 1 (6 °) of the Law of January 2, 1970 must immediately pay the funds, goods, bills or securities that he holds for the principals to an account opened in a credit institution.

Withdrawals from the account opened in application of the first paragraph above are made, with the agreement of the guarantor, under the signature of the account holder or of the person who is authorized by law to represent him.

In the event of refusal or inability to make the payment or withdrawals provided for in the preceding paragraphs, the guarantor may ask the judge for interim relief to appoint an administrator.

Article 71
Modified by Decree 95-818 1995-06-29 art. 23 JORF June 30, 1995.

 When the guarantee results from a consignment, the payments or remittances mentioned in article 64 must be made to an open account, by a credit institution or by the deposit and consignment office or by a postal check center, in the name of of each principal or of each joint possession.

All sums or values ​​received during property management operations must be paid into this account within three clear days.

In the event of termination of the guarantee, withdrawals from the account opened in application of paragraph 1 are made under the double signature of the mandate (s) and of the manager or, in the event of impossibility or refusal on his part, of the person who is empowered by law to represent him or, where applicable, an administrator appointed by order of the president of the tribunal de grande instance issued on request.

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