Agricultural activity is defined and regulated by the Agrarian Code, as the control and operation of a biological cycle involving vegetable or animal matter, constituting one or more steps necessary to the occurrence of such a cycle, as well as the activities carried out by a farmer in connection with production, or that have operation (production) as their basis.
The outlines are sometimes difficult to discern, especially when they are at the border of commercial and business activities (innkeeping, B&B’s in the countryside, etc.), which can have an impact, in particular on the type of lease, and serious consequences, if called in to question.
Agrarian leases, furthermore, play a major role in rural activity, since land is essential.
Approximately 75% of operators work under rural leases, which shows the importance of this type of contract and the terms and conditions of its implementation.
Cornet Vincent Ségurel accompanies its clients, both landlords and tenants, in choosing the type of lease (lease for nine years, long-term lease, assignable lease), its negotiation and its preparation as well as at the end of the lease, or when it must be terminated (notice of termination by the landlord or tenant), preparations for departure meeting the very strict legal conditions requiring consultation with a legal professional.
We also provide advice and counsel in courts for rural leases, in the event of litigation.
Finally, the character of the activity will determine the social scheme applicable to the operator. Articles L722-1 et seq. of the Agrarian Code set forth the activities that lead to being eligible for the MSA (mutual retirement fund for agricultural workers) and what type of person is eligable for it.
We thus support our clients in the diversification of their operations to propose the approach that is best adapted to the exact character of their activity.
We also act in connection with relations among the players in agricultural activities and the MSA. It may involve disputes and litigation in terms of affiliation or contributions, disputes or litigation relating to audits, workplace accidents, or professional illness.