Practical sheet | REF: FIC0847 V1

Controlling subcontracting in private-sector markets

Author: Bernard-Michel BLOCH

Publication date: October 10, 2019 | Lire en français

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2. Identify the constraints of subcontracting contracts

Subcontracting involves legal constraints that should not be ignored.

  • When you are contracting with a public company that is not a purchaser subject to Code de la commande publique –, and this concept covers companies over which the State or other local authorities exercise a dominant influence by virtue of holding the majority of the share capital (capital criterion) or the majority of voting rights (decision-making criterion) or appointing the majority of the members of the management bodies (organic criterion) – you are obliged to set up direct payment to subcontractors, who you must have declared in advance and submitted to the contracting authority for acceptance.subcontractors,...

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Identify the constraints of subcontracting contracts