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Frais bancaires plafonnés lors des incidents de paiements

Decree

Decree N ° 96-1112 of December 18th, 1996

The profession of agent of amicable covering for others is in itself still not regulated, but the decree 96-1112 of December 18th, 1996 sets up rules for its activity.

This rule applies to every physical or moral person exercising the activity of debt collection with usual, coincidental or secondary title.

The lawyers, the bailiffs and the liquidators are excluded from this rule, the persons occurring in accordance with their professional statutes, as. The decree fixes in a precise way prerequisite to the exercise of activity of amicable debt collection:

Have an insurance contract in professional civil liability. (Art 2 Paragraph 1)

Have a bank account exclusively allocated to the reception money collected for the creditors. (Art 2 Paragraph 2)

Make a declaration - before all exercise - to the Ministry of Justice near each TGI, by justifying previous both conditions. (Art. 2 Paragraph 3)

Sign with every client a contractclarifying the conditions and the modalities of the covering (Art. 3). The decree also clarifies the conditions of exercise of certain practices of covering:

• The person in charge of the covering has to send to the debtor a letter containing certain compulsory mentions. The references and the dispatch date of this letter must be done in all the later demands. (Art 4)
• Any payment of the debtor has to be the object of a receipt. (Art 5)
• The persons in charge of the covering have to report to the creditor of any payment or propositions of payment. (Art 6)