Glossary · Invoicing & quotes

B2B payment terms: what the law really says

6 min read · Updated on 3 July 2026
Definition B2B payment terms are strictly regulated by the French Commercial Code under the LME law: 30 days after receipt of goods or service completion by default, 60 days from invoice date maximum if agreed by both parties (or 45 days end of month). Any exceedance triggers late payment penalties, a fixed indemnity of €40 — and for persistent late payers, DGCCRF administrative fines published by name.
The full entry
The essentials in brief
  • 30 days by default after receipt/delivery if the contract is silent.
  • 60 days from invoice date MAXIMUM (or 45 days end of month) – a contract with 90 days is illegal, even if signed.
  • Late payment penalties are due by right: agreed rate (minimum 3× the legal rate) or, failing that, ECB rate + 10 points.
  • Fixed indemnity of €40 per overdue invoice, automatic, without formal demand.
  • The DGCCRF imposes sanctions and publishes names: up to €2M in administrative fines for legal entities, with 'name and shame'.
I The framework

Legal limits, case by case

SituationTermLegal basis
No agreement30 days after receipt/completionArt. L.441-10 French Commercial Code
Agreed by parties60 days from invoice date maxArt. L.441-10
End-of-month variant45 days end of monthArt. L.441-10
Periodic invoice (recap)45 days from invoice dateArt. L.441-11
Road transport30 days mandatoryArt. L.441-11
Perishable food products20–30 days depending on productArt. L.441-11

Two interpretations not to confuse: ‘60 days from invoice date’ runs from issuance; ‘45 days end of month’ is in practice interpreted as end of the invoice month + 45 days (or 45 days then end of month — both interpretations exist, so specify which one your contract uses!). For an invoice dated 10 March, the difference between interpretations can be up to 3 weeks.

The point buyers ‘forget’: the maximum term is a matter of public policy. A 90-day clause is void, even if freely signed, even with a major account. And the practice of delaying the start date (endless ‘invoice validation’ procedures, ‘lost’ invoices to be resubmitted via supplier portals) is explicitly targeted by the DGCCRF as a workaround.

60 d
the absolute legal cap (from invoice date) — any clause beyond this is void
40 €
fixed indemnity per overdue invoice, payable without prior notice
2 M€
maximum DGCCRF administrative fine, publicly named
II Remedies

Penalties, indemnities, sanctions: your tools (and their limits)

Late payment penalties apply automatically from the day after the due date, with no prior notice required. The rate: the one stated in your T&Cs/invoices, with a minimum of 3 times the legal interest rate; if not specified, the ECB rate plus 10 percentage points applies. Note: stating the rate on every invoice is MANDATORY—failure to do so may result in a fine (€75,000 for individuals, €375,000 for legal entities, Art. L.441-16).

The €40 fixed indemnity (Art. D.441-5) is added per overdue invoice, automatically. If your actual recovery costs exceed €40 (e.g., collection agency, lawyer), the difference can be claimed with supporting documents.

In practice, who charges these amounts? Large companies between themselves, systematically. SMEs with their clients: rarely as a first step (due to power imbalance), but mentioning it at D+15 in the follow-up sequence often works—and charging repeat offenders is perfectly legitimate.

The heavy weapon: reporting to DGCCRF. Late payments are the most frequently sanctioned practice by DGCCRF in terms of fine volume. Sanctions are administrative (no court proceedings required), can reach €2M for legal entities, and are publicly named on the DGCCRF website—the "name and shame" often stings more than the fine for large groups. A supplier can report anonymously via SignalConso. For a major account systematically paying late, this is a real lever—use it tactfully in negotiations before taking action.

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Golden rule
Your T&Cs and every invoice must state: the payment deadline, the late payment penalty rate and the €40 indemnity. These three details underpin all your subsequent remedies—and their omission exposes you to the fine under Article L.441-16.

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III Frequently asked questions

Answers to the questions we get asked most.

A major account imposes 90 days "take it or leave it": what can I do?

First, know that the clause is void: the 60-day cap is a matter of public policy, and no signature can validate it. Next, three escalating options: (1) invoice with the legal 60-day deadline and follow up normally—many accounting departments pay by the due date on the invoice; (2) offset the delay in the price or via a down payment at order; (3) if the practice is systematic and acknowledged, report to DGCCRF via SignalConso (possibly anonymously)—recent published fines specifically target this behaviour by large buyers.

Do payment deadlines apply to foreign clients?

Within the EU, Directive 2011/7/EU establishes a similar framework (30 days by default, 60 days unless explicitly agreed without abuse, automatic late interest) transposed into each member state’s law—so your European clients are subject to comparable rules under their jurisdictions. Outside the EU, it depends on the contract’s governing law: hence the importance of the applicable law clause and, in practice, securing payment otherwise (increased down payment, payment before shipment, letter of credit or export credit insurance).

Does the deadline start from the invoice or the delivery?

Both exist: the default 30-day deadline starts after receipt of goods or service completion; the contractual 60-day cap runs from the "invoice date". Practical implication: late invoicing reduces your cash flow but does not delay the default deadline (which is tied to delivery)—whereas with a "invoice date" contractual deadline, each day of late invoicing delays payment by the same amount. In all cases: invoice on the delivery day, and the debate disappears.

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