French Monetary and Financial Code
In forceThe statement provided for in the first paragraph of V of Article L. 214-169 shall include the following information:
1° The name "deed of assignment of receivables" ;
2° A statement that the assignment is subject to the provisions of articles L. 214-169 to L. 214-175;
3° The name of the assignee;
4° The designation or individualisation of the assigned receivables or the elements likely to provide this, for example an indication of the debtor or type of debtor, the deeds or types of deeds from which the receivables arise or will arise, the place of payment, the amount of the receivables or their valuation and, where applicable, their due date. The description or individualisation of the assigned claims or the elements likely to provide for them may appear on one or more files, which may be in electronic form, provided that the file or files are delivered or transmitted by the assignor to the assignee no later than the day on which the statement is delivered and that the statement refers to the file or files. The file or files are then deemed to form an integral part of the docket.
Where the assigned receivables are transmitted by a computerised process that enables them to be identified, the form may simply indicate, in addition to the information provided for in 1°, 2° and 3°, the means by which they are transmitted, designated or individualised, and an estimate of their total number.
The assignment entails the obligation for the assignor or any entity responsible for collection to hold the receivables, at the request of the assignee, under the conditions defined in article D. 214-233 for securitisation undertakings and in article L. 214-24-8 for specialised financing undertakings, and to carry out any act required to hold the securities, guarantees and ancillary assets attached to these receivables, to amend them if necessary, to enforce them, to discharge them and to enforce them.
The statement may be drawn up, signed, stored and transmitted in electronic form.
