Risk and liability management through environmental clauses
Sale and acquisition of industrial activities - Environmental issues
Article REF: G2540 V3
Risk and liability management through environmental clauses
Sale and acquisition of industrial activities - Environmental issues

Authors : Vincent SOL, Frédérique CHAILLOU

Publication date: April 10, 2014 | Lire en français

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2. Risk and liability management through environmental clauses

The management of environmental risks associated with the acquisition of an industrial site is based on a certain amount of information that must be disclosed, or the lack of which can be apprehended by means of specific contractual clauses, contained in the warranty of liabilities. Liability warranties are particularly important in the case of securities acquisitions, as traditional warranties, notably those relating to latent defects, are not applicable to the assets sold.

2.1 Clauses on informing the authorities

In accordance with article R. 512-68 of the French Environment Code, any new operator of a classified facility must submit a declaration of change of operator to the Prefect within one month of acquisition. This is the case for asset transfers and...

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