14 July 2022

Lobbying: Declaration obligations of interest representatives in France

Highlight on the disclosure obligations imposed on interest representatives in France, as provided for by Law 2013-907 of October 11, 2013, as amended by Law 2016-1691 of December 9, 2016, on transparency, the fight against corruption and the modernization of economic life, as well as the possible penalties for failure to comply with these obligations.


I. 2013-907 of October 11, 2013, defines what constitutes an interest representative in France

 The law of October 11, 2013, amended by law n°2016-1691 of December 9, 2016, defines the status of interest representative and grants legal recognition to his activity.

Are considered as interest representatives, the private legal entities, the public establishments or public groups exercising an industrial and commercial activity, the chambers of commerce and industry, the chambers of trades and crafts and the chambers of agriculture of which a director, an employee or a member has, as a principal or regular activity, to influence the public decision.[1]

The influence on the public decision can be exercised in particular on the content of a law or a regulatory act and through contact with several persons listed by the law, such as members of the government, deputies or senators or the President of the Republic’s staff.[2]


II. Law no. 2013-907 of October 11, 2013 and Decree no. 2017-867 of May 9, 2017 specify the obligations applicable to interest representatives as well as the penalties for failure to comply

Interest representatives must register and declare their activities in a public register available online on the HATVP website[3]. This public register allows any person to obtain the list of interest representatives free of charge.[4]

This registration must be made within two months of the date on which they meet the conditions to be considered as interest representatives.[5] Interest representatives must provide much information about their activity, such as their identity, or the actions carried out in the framework of their activities.[6]

In addition, any change in this information must be communicated to the HATVP within one month.[7]

Moreover, the text specifies that any person who acts as an interest representative on behalf of a third party must also communicate his or her activity to the HATVP.[8]

Finally, interest representatives must also send the HATVP, within three months of the end of their fiscal year, details of the actions they carry out, the expenses related to their activity or the number of people they employ in the exercise of their activities.[9]

To encourage interest representatives to declare themselves to the HATVP, the law provides that failure to comply with the declaration obligations exposes the representative to a criminal penalty.[10]

The HATVP is the competent authority to establish breaches of the rules governing the declaration of interest representatives.[11] It may thus choose to send a formal notice to the interest representatives concerned, which it may make public, to comply with their obligations in this area.[12]


Related content

The Practitioner’s Guide to Global Investigations - 7th Edition
13 January 2023
Navacelle co-authors GIR of the Practitioner’s Guide to Global Investigations – 7th edition
NAVACELLE co-authors the French chapter of the seventh edition of Global Investigations Review’s Practitioner’s Guide to Global Investigations.
The Guide to Sanctions -GIR (2022)
10 July 2022
The Guide to Sanctions (2022) – GIR
Navacelle co-author of the third edition of the Global Investigation Review's Guide to Sanctions.
Press review
Press review - Week of 23 january 2023
27 January 2023
Press review – Week of 23 January 2023
In this week’s press review, you will find two cases which were dismissed, one concerning the defective management of the...
Roxane Castro
26 January 2023
Navacelle strengthens its regulatory litigation practice with the arrival of Roxane Castro
With an international culture and a multidisciplinary team led by Stéphane de Navacelle and Julie Zorrilla, Navacelle continues to develop...
25 January 2023
Overview of the AFA’s survey regarding French companies’ anti-corruption systems
On 30 September 2022, the French Anti-Corruption Agency published the results of its second survey of French companies’ anti-corruption systems....
24 January 2023
Sanctioning obstructions to AMF investigations: Update from the Constitutional Court in its decision of 28 January 2022
On 28 January 2022, the Constitutional Court ruled that Article L. 621-15, II, f of the Monetary and Financial Code...
Press review
Week of 16 January 2023
20 January 2023
Press review – Week of 16 January 2023
This week press review includes the latest news on criminal law, business criminal law and criminal procedure. Thus, this review...
Press review
Press review - Week of 9 january 2023
13 January 2023
Press review – Week of 9 January 2023
This week in the press review, a dismissal of the Chlordecone case in the French West Indies and a $17.2...
The fundamental rights of the company - AIJA
12 January 2023
[Roundtable] The fundamental rights of the company
Stéphane de Navacelle participated in the French-speaking conference on fundamental rights in business organised by AIJA on Friday 13 January 2023.
Press review
Week of 2 January 2023
6 January 2023
Press review – Week of 2 January 2023
This week in the press review, two Members of the European Parliament have been subjected to immunity waiver proceedings in...
Press review
Press review - Week of 26 december 2022
30 December 2022
Press review – Week of 26 December 2022
In this week's news, there are several important events in criminal law. First, the criminal Charles Sobhraj, otherwise known as...
Press review
Press review - Week of 19 december 2022
23 December 2022
Press review – Week of 19 December 2022
This week's press review presents the outcome of an investigation by the Paris Bar Council against several lawyers for ethical...
Press review
Press review - Week of 12 december 2022
16 December 2022
Press review – Week of 12 December 2022
In this press review, from a judicial point of view, there are several important events: The Court de Cassation ruled...