A free recommendation between members is pure networking: no obligations. As soon as a commission is paid, the referral becomes a commercial service. The business-referrer contract (apporteur d'affaires) is free-form (governed by general contract law), not to be confused with the agent commercial (a regulated status, with mandatory registration/immatriculation). Paying requires being able to invoice: below €37,500 in services revenue, the VAT base exemption (franchise en base de TVA) applies (with the wording « TVA non applicable, art. 293 B du CGI »); above it, VAT applies. On the social side, URSSAF distinguishes the occasional and modest referral (no contributions) from regular activity (registration required). For most clubs, tracking the value without monetizing it remains the simplest path.
Free recommendation or paid referral: two different worlds
It all starts with a simple but decisive distinction. A member who recommends another to a client, with no financial consideration, is networking: this is the very essence of a business club, and it triggers no particular obligation. Trust circulates, contracts get signed, and nobody invoices anybody.
The tipping point occurs at the exact moment a commission is paid in exchange for the referral. There, the act becomes a commercial service: someone is paid for making the introduction. And a paid service calls for a contract, an invoice, and tax and social treatment. The line isn't the intensity of the relationship — it's the money.
Many clubs cross this line without realizing it, for instance by setting up a "thank-you percentage" on the business brought in. The intention is good; the consequences, however, are real.
The business referrer: a free-form contract, not a legal vacuum
Contrary to a widespread belief, "apporteur d'affaires" (business referrer/introducer) is not a specific legal status. The business-referrer contract is an unnamed (innommé) contract, governed by the general law of contracts (Code civil). The parties therefore freely set the scope and the compensation — hence the value of a clear written agreement: purpose of the engagement, amount or method of calculating the commission, duration, confidentiality, and any non-compete clause.
Not to be confused, above all, with the agent commercial, who holds a mandate to negotiate on behalf of the company, falls under a regulated status, and must register on a special register (immatriculation) (Code de commerce). The business referrer, by contrast, is limited to making the introduction: they do not negotiate, do not conclude the contract, and remain external to its performance. This difference isn't theoretical — it determines each party's obligations and protections.
Paying for a referral: 3 consequences to anticipate
If your club chooses to pay for referrals, three obligations follow — and they weigh as much on the referrer as on the party paying the commission.
1. Invoicing requires registration. To legally collect a commission, the referrer must be able to issue an invoice, and therefore have a legal framework (micro-entreprise, company, etc.). Paying a recurring commission to an unregistered individual exposes you to reclassification (undeclared activity, or even concealed employment). The common-sense rule: no invoice, no commission.
2. VAT depends on a threshold. Below €37,500 in annual services revenue (upper threshold of €41,250), the referrer falls under the VAT base exemption (franchise en base de TVA): they invoice without VAT, using the mandatory wording « TVA non applicable, art. 293 B du CGI » (VAT not applicable, art. 293 B of the French Tax Code). Above that, they must charge VAT. These thresholds are those published by the tax authorities; they change over time, so verify the value in force.
3. URSSAF distinguishes the occasional from the professional. According to URSSAF, sums paid to a business referrer or introducer are not subject to contributions when the payment is occasional and modest: since the activity has no professional character, there is no need to register the person. On the other hand, as soon as the payments become regular or substantial, the activity takes on a professional character, which requires registration (immatriculation) and affiliation.
What this concretely changes for your club
From this mechanism follows a simple recommendation for most clubs: stay within tracked, collegial recommendation rather than organizing commissions. Measuring and valuing referrals for recognition and steering triggers none of the obligations above — this is what we detail in the ROI of a business club. Tracking is not paying: you can prove the value created without monetizing it.
If, on the contrary, your club makes the deliberate choice to pay for referrals — some networks do so, entirely legally — the rule is to make sure every referrer is compliant: registered, able to invoice, with or without VAT depending on their threshold. Otherwise, it's the club and its members who bear the risk. A written framework and clean invoicing aren't bureaucracy: they protect everyone.
Between the two, an intermediate path appeals to some clubs: non-monetary recognition (spotlighting the best referrers, reciprocity) rather than commissions. It captures the drive without the constraints.
Track cleanly, decide afterwards
Whichever option you choose, it all begins with reliable traceability of referrals. Without it, there's no way to recognize contributors, measure ROI, or — where applicable — document the basis of the commissions to be invoiced.
That's the role of Terrilink for Business Club: record each referral and have it confirmed by the beneficiary. This data first serves recognition and steering, with no tax obligation whatsoever; and if the club decides one day to pay, the same traceability cleanly documents the amounts. You keep control of the choice — to monetize or not — but you start from a solid base, not an approximate spreadsheet.
Official sources. VAT: base-exemption (franchise en base) thresholds for services (€37,500 / €41,250) and the mandatory wording « TVA non applicable, art. 293 B du CGI » — impots.gouv.fr and economie.gouv.fr (art. 293 B du CGI). Social contributions: treatment of business referrers and introducers — URSSAF. Status of the agent commercial (distinct from the business referrer), registration on a special register: Code de commerce, art. L134-1 et seq. — Légifrance. General law of contracts (business-referrer contract): Code civil, art. 1101 et seq. — Légifrance. Thresholds and rules subject to change; this article is informative, not exhaustive, and does not replace professional advice.