The Civil Real Estate Company is a form of often family company which allows owning and managing real estate and preparing for its transmission. It is generally used to facilitate the management of this property or to resolve conflicts due to joint ownership. The formalities necessary for the drafting of the articles of incorporation and the registration of the company are relatively flexible for the founding partners …
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The development of the statutes of the SCI
The statutes of the SCI can be established by notarial form or by deed under private signature.
The notarized drafting allows a custom drafting of statutes as soon as the notary takes into account the concerns of each partner to best respond to the situation.
The private writing is relatively simple since standard models of statutes are offered online. It suffices to complete the various operating methods of the company.
The main conditions for creating your SCI
The SCI consists of two or more partners (no maximum). Anyone with the capacity to draft legal acts can become a partner. SCI often presents as family company form, it is therefore regularly formed by spouses.
In order to acquire shares, the partners carry out contributions to society which may be in cash or in kind. The advantage of SCI is that the founding partners freely set the amount of the share capital with no minimum imposed by law.
The partners of the SCI are responsible for its liabilities and may have to pledge their personal assets with creditors in the event of insufficient assets in the company to reimburse them. The Civil Code still ensures strong autonomy in the distribution of profits and losses by the partners.
The activities carried out by the company and the powers of the manager must be rigorously defined in the corporate purpose of your SCI. The latter must also be strictly civil and thus, do not consider drafting commercial documents.
The statutes must also provide the appointment of the manager, the rights of the partners, the registered office, the duration and the end of the company. If a company name is envisaged, a search for anteriority with the INPI is advised in order not to interfere with prior rights.
The registration of your SCI
The documents required to register your SCI with the RCS are as follows:
- The Cerfa M0 form available at the commercial court registry;
- The authentic deed of statutes signed by all the partners;
- Proof of address for the head office;
- A declaration on the honor of non-conviction of the managers;
- The certificate of publication of the legal publication of the constitution SCI delivered by the newspaper of legal announcements;
- The check payable to the Commercial Court Registry.
Your company is registered in the Trade and Companies Register (RCS) after having drawn up its statutes. The request is made by filing the request on Cerfa M0 form at the commercial court registry. The third parties are informed of the birth of SCI by a notice published in a legal notices journal.
When the registration has been successfully completed, a extract Kbis which formalizes the existence of your company is provided. This document is essential for the activity of SCI.
The cost of establishing your ICS
The creation of your company generates costs chargeable to the partners (by taxation of the capital gains on their contributions in company), and chargeable to the SCI itself.
Publication in a legal journal generates fees that vary depending on the length of the publication. Registration at the registry also represents costs which amounted to 74.10 euros in 2017. The fees are added if you have chosen to draft your articles of association by notarial deed.
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