Compliance Bulletin: Should You Register As An Interest Representative? December 2017

Author:Ms Anne-Laure-Hélène des Ylouses
Profession:Field Fisher

Law no. 2016-1691 of 9 September 2016, referred to as the "Sapin II Law" has created a register of interest representatives for the purpose of ensuring transparency in the public decision making process. This register is maintained by the High Authority for Transparency in Public Life (HATVP), and was opened on 1 July 2017. Interest representatives must register themselves before 31 December 2017. In addition, once listed in the register, interest representatives are required to submit an annual report on their lobbying activities and must comply with ethical obligations.

With less than a month to go before the deadline for interest representatives to register, this information notice will help you to determine whether or not you are concerned by this obligation and, if yes, to prepare the information which must be provided to the HATVP.

• Who are interest representatives?

Article 25 of Law no. 2016-1691 of 9 December 2016 on transparency, the fight against corruption, and the modernization of the economy (known as the "Sapin II Law") provides a definition of interest representatives.

An interest representative is a person who meets the four following conditions:

A natural person or legal entity, acting on his/her/its own behalf or on behalf of a third party, having as a main or regular activity, the influencing of the public decision-making process, in particular the content of a law or regulation, by entering into contact with government officials. The HATVP has published guidelines to explain the various concepts used in the Sapin II law and its implementing decree no. 2017-867 of 9 May 2017.

A natural person or legal entity, acting on his/her/its own behalf or on behalf of a third party

  1. An interest representative can be a natural person or a legal entity. Legal entities include private law entities, public industrial and commercial establishment, or chambers of commerce or craft trades.

    For natural persons, only those who engage on a professional basis in representing interests can be considered as interest representatives.

    Certain persons are excluded from the definition of interest representative, such as elected officials during the performance of their duties, political parties and groups, trade unions, or associations with a religious purpose.

  2. Main or regular activity

    The time spent on representing interests by the persons in question includes not only the duration of the contacts themselves, but also the time spent on preparation, organization, and follow-up. However, time spent on activities unrelated to interest representing, e.g. monitoring activities, is excluded from this count.

    A person's main activity is interest representation...

To continue reading