Late Payment Penalties France: What the Law Says
French law imposes strict penalties for late payment. Learn about interest rates, fixed recovery fees, and how to enforce them.
Legal Framework
French late payment rules are governed by Article L441-10 of the Code de commerce. Key points: • Payment terms cannot exceed 60 days from invoice date (or 45 days end-of-month) • Interest penalties apply automatically from day 1 of late payment • A fixed recovery indemnity of €40 is owed per invoice • These terms must appear on your invoices
Calculating Late Payment Interest
The minimum interest rate is 3× the BCE (Banque Centrale Européenne) rate, which gives approximately 12.06% per year in 2026.
Formula: (Invoice amount × rate × days late) / 365
Example: €5,000 invoice, 30 days late = (5,000 × 0.1206 × 30) / 365 = €49.56 in interest + €40 fixed recovery fee = €89.56 total penalties
Your Obligations as Seller
Your invoices MUST mention: 1. The applicable late payment interest rate 2. The €40 fixed recovery indemnity 3. Payment terms (date or period)
Failing to mention these can result in a €75,000 fine for companies (€15,000 for individuals).
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