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Manage late payments

Late-payment penalties and the €40 fixed fee: how do they work?

In business relationships governed by French law, late payment may trigger penalties and a fixed €40 recovery-cost fee. Application depends on compliant invoices and payment terms.

When do penalties start?

The French Commercial Code provides that penalties are due without a reminder from the day after the payment date shown on the invoice. Payment terms must state the method and rate.

  • —Identify the applicable due date
  • —Calculate the actual delay
  • —Retain a breakdown

Which rate applies?

In the absence of a contractual rate, the statutory formula refers to the European Central Bank refinancing rate plus ten percentage points. A contractual rate cannot be lower than three times the French statutory interest rate. Check the current text for the relevant period.

The €40 fixed fee

The fee is automatically due to a professional creditor for recovery costs and must be mentioned in payment terms and on the invoice. Additional justified costs may sometimes be claimed, subject to legal exceptions.

  • —Do not apply these B2B rules mechanically to consumers
  • —Check the parties and applicable law

Conclusion

These sums address the cost of delay but do not replace a compliant invoice or active case management.

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