Practical sheet | REF: FIC0786 V1

Selling your business or facility under the ICPE (Installations Classées pour l'Environnement - Environmentally Classified Facilities) regime

Author: Solange VIGER

Publication date: May 10, 2012 | Lire en français

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3. Include an environmental clause in the contract(s) you sign with your successor

During the performance of the sales contract or lease, disputes may arise over the transfer or sharing of responsibilities concerning :

  • the site's environmental liabilities, whether or not they are known at the time you enter into a contract of sale or lease;

  • pollution created after the transfer of the business by the occupier of the premises, in the case of a lease.

To manage the transfer or sharing of responsibility, and thus protect your interests, it is advisable to :

  • to carry out preliminary studies to assess the current situation;

  • include an environmental clause, or an environmental liability clause, in the contract(s) and/or lease(s) you are about to sign.

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Include an environmental clause in the contract(s) you sign with your successor