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What legal formalities must be accomplished to open a temporary or ‘pop-up’ store?

What legal formalities must be accomplished to open a temporary or ‘pop-up’ store?
21 March 2020  |  Conseils Juridiques

Organizing a temporary event at a different venue from the main store has become more and more widespread, explaining the rise in ‘pop-up’ stores. Nevertheless, such event-type distribution is not without its own legal framework.

Recently, the Coordination Committee of the Trade and Companies Registry (known as CCRCS in France) esteemed that an ephemeral store set up for a limited term was a secondary establishment within the meaning of the French Commercial Code, the length of time the ephemeral store operates at the chosen commercial venue was considered irrelevant (Notice No. 2015-027).

Consequently, it is advisable:

The registration of the ephemeral store as an additional or secondary establishment is crucial. The Court of Cassation recently confirmed the prosecution of a company that had refused to accomplish such formality claiming that the store’s business was only temporary (Cass.Crim., 28 March 2017, No. 16–81944).

In the case mentioned above, the director of a company esteemed that the pop-up store open for only six months was not a permanent establishment within the meaning of Section R. 123-40 of the French Commercial Code. Therefore, he considered that he was not obliged to make any notifications. Notwithstanding two inspections by the Social Security Contributions Collections Office (known as URSSAF in France) and a request from the French Labour, Competition and Consumer Department (DIRECCTE in France), the director refused to accomplish an additional registration of the temporary store. He was subsequently convicted for concealed labour due to the failure to make the required notifications.