Section 2: Management of income from the exploitation of rights

Articles in this section · 10

Article L324-12

French Intellectual Property CodeIn force

Updated 8 Nov 2023

I.-Collective management organisations pay the sums due to right holders no later than nine months from the end of the financial year in which the income from the exploitation of rights was received.

This time limit may only be waived for a legitimate reason, in particular the lack of information enabling the identification or location of the beneficiary right holders.

II.-Where these sums are paid to a collective management organisation or an independent management organisation representing the rights holder, a contract concluded between these different organisations specifies the period of time available to each of them to ensure that the rights holder receives the sums due to him within the period mentioned in I. In the absence of a contract, the collecting body has one month from the end of the financial year to pay the sums due to the body which is its member. The latter must then pay the sums due to the rights holder within the remaining period specified in I.

Where collective management organisations or independent management organisations which are members of each other are successively involved in the distribution of these sums, a contract concluded between them sets the time limit applying to each of the parties, without the total time limit exceeding that set out in I. In the absence of a contract, the collecting body has one month from the end of the financial year to pay the sums due and the remaining period is divided equally between the other bodies.

III.-The collecting organisations pay the sums due pursuant to a representation agreement under the conditions set out in I. These sums must then be paid to rights holders within six months of receipt, except in the case provided for in the second paragraph of I.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More