Sale of a business: Hamon Law, what will change in 2026

The law simplifying economic life (Law No. 2026-403 of May 26, 2026, Article 22, reference cited by service-public.fr) relaxes the provisions of the Hamon Law. Depending on the company's size, the seller of a business must inform their employees or the Social and Economic Committee (CSE). For companies required to inform their employees directly, this information must be provided at least one month before the sale, compared to two months previously. The penalty for non-compliance is 0.5% of the sale price, compared to 2% previously, according to service-public.fr.

The new rules apply to sales concluded after July 27, 2026. For a sale concluded on July 27, 2026 itself, the rule should be checked with the source.

This page describes the reform and the information procedure based on information from service-public.fr. It does not cover: reading the text of the law (not consulted), the legal classification of the penalty, or the details of share transfers. One of the fact sheets is entitled "Transfer of a sole proprietorship to a third party": depending on whether you operate as a sole proprietor or a company, the exact field should be verified with the source. The rule depends on your situation.

What has changed since July 27, 2026

The headline of the news item on service-public.fr dated July 23, 2026, reads: "The law simplifying economic life relaxes the provisions of the Hamon Law." According to this news item, the Hamon Law requires prior notification of employees in the event of the sale of a business or the transfer of a majority stake. This page deals only with the sale of a business.

Table source: news from service-public.fr dated 23/07/2026. The deadline concerns companies required to inform their employees directly (see below).

The timeframe: 1 month instead of 2

The news summarizes the reform as follows: employees must be informed "at least one month before the sale (compared to two months previously)." The fact sheet on service-public.fr, checked on July 22, 2026, states that the information must be provided "no later than one month before the date the sales contract is finalized." It specifies that the two-month period applies to sales concluded before July 27, 2026.

The guide from the Directorate General for Enterprises, "Successfully Managing Business Takeovers and Transfers: The Complete Guide" (April 2026), warns on this point: "If I wait until I have signed a memorandum of understanding before informing them, I will then have to wait the legally required waiting period before finalizing the sale." The guide dates from April 2026, therefore before the law of May 26, 2026. It does not specify this waiting period.

Who is informed: the employees or the Works Council?

• Fewer than 50 employees : employees are informed directly, according to the two practical guides from service-public.fr ("Transfer of business assets to employees" and "Transfer of sole proprietorship to a third party").
• 50 or more employees, with a Works Council The fact sheet states that "only the Works Council (CSE) must be informed and consulted regarding the proposed sale." In the absence of a collective agreement, the Works Council has one month to issue its opinion. The update dated July 23, 2026, concerns companies with 50 to 250 employees that have a Works Council: they are no longer required to inform employees directly, but remain subject to the obligation to inform and consult the Works Council.
• 50 or more employees, without a works council : the rule should be checked with the source before taking action.

The application date

Service-public.fr sets the effective date as July 27, 2026. Sales concluded after this date are subject to the new rules. For transfers completed before July 27, 2026, the information sheet indicates that the deadline was two months. For a sale concluded on July 27, 2026 itself, the rule should be verified with the source.

The penalty: up to 0.5 % of the sale amount

If the sale takes place without informing the employees, they can take legal action to obtain compensation for their losses, according to the fact sheet. The fact sheet states that "damages can reach 0.5 times the sale price" as of July 27, 2026. The news item of July 23, 2026, also indicates 0.5 times the sale price, compared to 2 times previously.

The exact nature of the penalty and the basis of the calculation ("amount of the sale") need to be verified with the source: the pages read do not detail this basis.

The information procedure, point by point

The following information comes from the service-public.fr fact sheet, verified on 22/07/2026.

• RECIPIENT If the owner operates the business, they inform their employees. Otherwise, the information is sent to the operator, who then informs the employees.
• Content : the information indicates the intention to sell the fund and the possibility for employees to submit a takeover bid.
• Shape : any means allowing for a certain date of receipt. The document mentions meetings with signatures, posting with a dated and signed register, email with proof of receipt, hand delivery against signature or receipt, and the intervention of a bailiff.
• Offer from an employee : it is transmitted without delay to the seller, but it does not have priority over other offers.
• Sale before the end of the period : if all employees have indicated that they will not make an offer, the sale can take place before the expiry of the deadline.
• Information to be renewed : if the sale is concluded more than 2 years after the first notification.
• Cases where the obligation does not apply : conciliation, safeguard, accelerated safeguard, receivership or judicial liquidation; information already given to employees under the social and solidarity economy in the 12 months preceding the sale.
• Discretion Employees who have been informed are bound by it. Failure to comply is misconduct that justifies disciplinary action.

Numerical example (fictitious profile)

Situation. Marc runs a bakery as a sole proprietorship. He employs 18 people. He plans to sell his business for €400,000 and finalize the sale in December 2026. For the calculation, €400,000 is used as the "sale amount" (assumptions of the hypothetical profile).

Issue. He wants to know what the financial implications of not informing his employees are, and when he should address it.

Strategy. Marc has fewer than 50 employees: his employees are informed directly. He plans to inform them before signing a memorandum of understanding, using a method that provides proof of the date of receipt. He compares the penalty rate before and after the reform.

Result.

For a sale of €400,000, 0.5 % represents €2,000, compared to €8,000 at 2 %. This figure is a maximum, not a predictable amount. It does not include registration fees or capital gains tax, which are covered on other pages. Marc is a fictitious profile. The figures illustrate the calculation and do not reflect your specific situation.

What changes depending on your situation

• Your company's workforce : less than 50 employees, or 50 employees and more, with or without a CSE.
• The date of conclusion of the sales contract, with regard to July 27, 2026.
• The nature of the operation This page deals with the sale of a business. The sale of a majority stake in a company is not detailed here.
• Your situation with regard to insolvency proceedings : they rule out the obligation to provide information.
• The identity of the fund operator : owner-operator or separate operator.
• The order of your steps : memorandum of understanding, informing employees, signing the contract.

The rule depends on your situation. No results are guaranteed.