No. No legal provision requires a notary to be involved in the sale of a business. However, the sale must comply with Articles L141-1 to L141-22 of the French Commercial Code, which impose strict formal requirements. It is therefore strongly recommended to use a notary.
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Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…
No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
Yes, because the National Notarial Regulations ( article 9-1) expressly forbids him from receiving an act without having provisioned a sufficient amount, to cover the expenses, rights, emoluments and fees. The notary cannot consent to his client in advance, through any form or capacity.
Yes. A family loan may be granted without interest, but in all cases, it must be repaid. It is advisable to put it in writing (French Civil Code, Art. 1376) and, for greater legal and tax security, to have it drawn up by a notary. Please note when the total…