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Operating an itinerant commercial or craft business involves specific administrative obligations. The first document you need to obtain to practise legally is a business card. Failure to obtain one can result in punitive sanctions and jeopardise the regular exercise of the activity.
The obligation to make a prior declaration of activity
Under the French Commercial Code, anyone wishing to carry on an itinerant commercial or craft activity must make a prior declaration.
Persons subject to the obligation
The declaration concerns three categories of economic operator, including travelling salesmen and fairground workers :
- Individuals carrying on an itinerant commercial or craft activity outside their municipality of residence
- Legal entities operating outside the municipality of their principal place of business
- People with no fixed abode or residence (showmen)
This obligation applies to traders registered with the Trade and Companies Register (RCS), craftspeople registered with the Trades Register (Répertoire des Métiers) and self-employed entrepreneurs, even those exempt from registration.
Article R. 123-208-1 of the French Commercial Code provides for a number of exceptions:
- Professionals carrying out sales rounds on an ancillary basis in neighbouring municipalities
- Sales agents
- Press salespersons
- Taxi operators
- Carriers of goods or passengers
Activities concerned
Only itinerant commercial or craft activities are covered. Itinerant activities are defined as those carried out away from a fixed establishment.
The liberal professions and farmers remain excluded from the scheme. They are covered by other specific legal regimes.
Foreign nationals
Non-EU nationals still need to obtain a residence permit authorising them to work. This permit is a prerequisite for the issue of the professional card.
European nationals are now fully assimilated to French citizens. They simply need to prove that they have been domiciled or have had a fixed residence for more than six months in a Member State of the European Union.
Steps to obtain a professional licence
To obtain a professional licence, a specific administrative procedure must be followed with the consular chambers.
Competent authority
Since the decree of 21 January 2010, declarations must be made to the relevant Centre de Formalités des Entreprises (CFE):
- Chamber of Commerce and Industry CFE for traders
- CFE of the Chamber of Trades and Crafts for tradespeople
Territorial jurisdiction is determined according to precise criteria:
- For individuals: municipality of residence or place of residence
- For legal entities: place of registered office
- For European nationals with no establishment in France: CFE of the commune where they intend to carry out their main activities
This reform simplified the process by replacing the previous prefectoral authority with that of the consular chambers.
Documents to be supplied
A number of supporting documents are required to compile the file:
For retailers:
- Completed application form
- Proof of identity
- Proof of address or residence
- K or Kbis extract less than three months old
- Recent passport photograph
- Proof of payment of licence fee
For craftsmen:
- Completed application form
- Proof of identity
- Proof of address or residence
- Extract from the register of trades
- Recent passport photograph
- Proof of payment of licence fee
For auto-entrepreneurs:
- Completed application form
- Proof of identity
- Proof of address or residence
- Copy of the declaration of auto-entrepreneur activity
- Recent passport photograph
- Proof of payment of licence fee
Timeframes and associated costs
Article R. 123-208-3 of the French Commercial Code sets a maximum period of one month for issuing the card after receipt of the complete application. This period is reduced to fifteen days for a renewal.
The CFE may issue a provisional certificate allowing you to start trading immediately while your application is being examined.
The cost has been €15 since the decree of 21 January 2010. This fee covers the administrative costs of managing the application and issuing the card.
Managing your business card
The professional card requires regular administrative follow-up to guarantee its validity.
Period of validity
The professional card will remain valid for four years. This period, which is double that of the previous system, eases the administrative burden on professionals.
The expiry date is shown on the card and determines the deadline for initiating the renewal procedure.
Renewal procedure
Renewal is subject to the same conditions as an initial application, with a few simplifications:
- Presentation of expiring card
- Updating personal or professional information
- Proof of payment of licence fee
The delivery time is reduced to two weeks for a renewal, compared with one month for a first application.
A late application for renewal may result in a temporary suspension of itinerant activity.
Changes and updates
Any change affecting the business or the way in which it is conducted requires the card to be updated. Article R. 123-208-4 of the French Commercial Code sets out these obligations in detail:
- Change of address
- Change in the nature of the business
- Removal from a legal register
- Cessation of business
The update is made to the same CFE as the initial application. This ensures that the administrative information remains accurate and avoids any irregularities in the event of an inspection.
In the event of loss or theft, the holder must:
- Report the loss/theft to the police or gendarmerie
- Request a duplicate from the CFE with a sworn statement or declaration receipt
Controls and penalties
Regular checks are carried out to ensure compliance with the requirements of the professional licence.
Agents authorised to carry out checks
Several categories of agent can check that the situation is in order:
- Judicial police officers
- Deputy judicial police officers
- Officials responsible for supervising markets and halls, authorised by prefectoral order
Article L. 123-30 of the French Commercial Code provides for specific authorisation for municipal agents, issued by the prefect on the proposal of the mayor. These agents must have at least two years' professional experience in market management or equivalent experience.
Obligation to present the card
Professionals must present their card at the request of any authorised agent. This obligation extends to persons working on behalf of the cardholder.
Spouses or dependants must then submit:
- A copy of the card certified by the holder
- A document establishing the link with the holder
- Proof of identity
It is an offence not to have a card or to refuse to show one.
Penalties for non-compliance
There are several levels of penalties:
- Criminal penalties:
- Operating without prior declaration: 4th class fine (up to 750 euros)
- Failure to present: 3rd class fine (up to 450 euros)
- Failure to update: 3rd class fine
- Civil penalties:
- Civil liability for unfair competition (article 1382 of the Civil Code)
- Damages for losses suffered by established traders
- Administrative penalties:
- Temporary or permanent exclusion from municipal markets
- Unable to obtain a location on public land
The main purpose of criminal sanctions is to ensure that administrative controls are effective. Civil penalties, on the other hand, protect professionals who comply with their obligations from unfair competition.
In the case of employees or spouses, the cardholder is also liable if he or she fails to supervise their activities properly.
Anticipating difficulties and disputes
In practice, there are a number of points to bear in mind when it comes to business cards.
Keeping information up to date
The accuracy of the information on the card guarantees its legal validity. Any significant change (address, activity, legal form) must be updated immediately.
The deadline for notifying these changes is not specified in the legislation. It is advisable to do this as soon as possible to avoid any disputes in the event of an inspection.
Distinction between applicable schemes
The professional card does not exempt you from other administrative obligations:
- Authorisation to occupy the public domain
- Health rules for foodstuffs
- Tax and social security obligations
A common mistake is to regard the card as sufficient to practise, when in fact it is only the first stage in a broader administrative process.
Preparing for controls
Checks are usually carried out unannounced at markets and fairs. Proper preparation is essential:
- Keep the original card at all times at the place of practice
- Delivery of a certified copy to employees or spouses
- Visible display of municipal authorisations
This anticipation avoids damaging interruptions to activity during inspections.
A business card is the cornerstone of any legal itinerant business. Obtaining it and managing it rigorously will ensure that your business runs smoothly. For personalised assistance with your procedures, or in the event of administrative difficulties, our team is available to help you. advisor.
Sources
- Commercial Code, art. L. 123-29 to L. 123-31
- French Commercial Code, art. R. 123-208-1 to R. 123-208-8
- Order of 21 January 2010 relating to the card for itinerant commercial or craft activities
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