II. ESTABLISHING IN FRANCE
D. Certain Rules Concerning Some
Specific Fields of Services.
e. Advertising
There are no specific requirements,
other than the general principles of law already
examined, to establish an advertising agency
or to practice as an advertising consultant.
Neither the access to nor the
practice of this profession are subject to
any particular regulation. There are no specific
degrees or diplomas required either.
There is no professional body
which organizes and supervises the activities
of the profession.
However, the media or owner of
the media (newspapers, radio, television,
billboard advertising...) often require that
the agency should hold the title of "intermédia"
in order to be able to purchase advertising
space.
Agencies which hold the "intermédia"
title can benefit from special conditions
of sale which each medium can establish in
their favor.
This title is issued to firms
and consulting agencies which practice according
to criteria set up by the International Chamber
of Commerce (report of the 128th Session of
the Council, June 1976).
The "intermédia"
title is neither a certificate of professional
aptitude, nor a general and permanent power
of attorney which the media confer to the
agencies who hold the title. It does not prevent
the making of special agreements freely signed
between the media and these agencies.
The media remain the sole judges
of the conditions imposed upon advertising
in their advertising space. In no way does
it entitle the agencies to become sole agents
between advertisers and the media.
The "intermédia"
title is obtained by submitting an application
to a commission that awards the title in Paris.
The consulting agency in advertising
which applies for the "intermédia"
title must fulfill the following conditions:
carry our their commercial activity
in conformity with the laws, rules and regulations
in force and with professional self discipline.
undertake to prevent the media to which the
agency gives advertising orders from being
sued for the latter's acts.
ensure that the advertising orders will be
promptly paid for.
undertake to provide proof at all times of
its capacity to pay for the orders booked
by providing payment guarantees, and especially:
by having insurance covering the risks of
the advertiser's insolvency.
by obtaining from these clients that they
should be jointly responsible with the agency
towards the media by countersigning the advertising
orders issued to the latter.
not to be a central purchasing office of advertising
space.
practice mainly as an advertising agent. The
percentage of the agency's revenue from advertising
(purchase of space, creation, publishing,
etc.) must exceed 50 % of its total revenues.
provide guarantees of professional proficiency
(training, professional experience in an agency
or with advertisers).
The "intermédia" title is
conferred by right when the above-mentioned
conditions recorded by the commission are
fulfilled.
French nationality is not listed
as one of these conditions.
The "intermédia"
title is delivered by a joint commission,
the members of which include representatives
of the press, of other media and advertising
executives. Its composition and its organization
are fixed by the internal rules and regulations.
If the "intermédia"
title is refused, the concerned agency has
the possibility to appeal the decision to
the commission, who summons the agency to
hear its explanations.
