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Yes. In accordance with the provisions of the last paragraph of Article L145-9 of the Commercial Code, a notice must be given by extrajudicial act, i.e., by the bailiff. Any leave issued in any other form is void. The nullity of the leave can only be raised by its recipient…
It depends. The 10-day withdrawal right applies to non-professional buyers (Article L 271-1 CCH). If the SCI’s purpose includes real estate acquisition, it may be deemed professional (Cass. 3rd Civ., 24 Oct. 2012, No. 11-18.774).
A document must be legalised when it is intended for use in a country that is not a signatory to the Hague Convention or to any international agreement waiving such formalities. The Ministry for Europe and Foreign Affairs maintains an up-to-date table listing the formalities required according to the destination…
Yes, in certain cases. When the sale involves most of the shares in a SCI that owns a property whose sale would itself be subject to the town's right of pre-emption, the town council can exercise this right (art. L.213-1, 3° C. urbanism). Good to know: this right of pre-emption…
Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…