If your entrepreneurial project is related to the real estate sector, then you have surely explored the possibility of setting up a real estate company. It is actually a legal position with many benefits. In particular, it facilitates asset management as well as the rental and transmission of real estate. However, despite its strength, the SCI statute is often discarded in favor of other statutes whose creation process seems to be simpler. To clarify things and allow you to create your own SCI with complete peace of mind, I invite you to explore the different stages of creating an SCI in this article.
SCI: What to Understand
Societe Civil Immobiliere, or SCI, is a Association of persons with a view to acquire and hold immovable property (land, building, warehouse, etc.). However, it is not intended for the purchase and resale of buildings as the main activity: to learn more about the construction of SCI, you can visit specialized sites designed by specialists. Multidisciplinary skills (lawyers, accountants, etc.).
However, be aware that it must be Minimum 2 natural or legal persons associated with the making of the SCI. Partners can also be managers. In addition, there are several types of SCI, including:
- Professional SCI;
- family SCI;
- Manufacture Sales SCI;
- Couple SCI, etc.
The formulation of each type of SCI depends on the activity that the participants actually want to use and their objectives.
Further, if the partners retain the possibility of separation from the personal assets of the company, they may, on the other hand, ” Responsible for the company’s debts indefinitely This means that in the event of financial complications, his personal assets will be covered.
Finally, it should be noted that depending on the intentions of the partners, SCI may be subject to income tax or corporation tax, In this regard, it is very important to consult a qualified person (lawyer, accountant, etc.) before choosing a tax regime for your SCI.
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The construction of the SCI requires the completion of a number of phases to complete the project.
Write the statute of SCI
This is the first step in the process of creating an SCI. Indeed, the Articles of Association define the methods of operation of the company. It is essential that the Articles of Association be prepared in writing and validated by all the partners. Therefore, they can be done by a notary act or under a personal signature per case. In the mandatory information they should include, we find:
- Purpose and legal form of the company;
- head office and share capital;
- company life;
- Contribution of various partners.
Once methods are finalized, they must be signed by all partners (or a written proxy has been provided by the agents and duly signed by the partner(s).) SCI is formed from the time all signatures are registered. Each participant will then receive a certified copy of the SCI’s statutes.
Deposit the share capital of SCI in the bank
In France, the law does not prescribe No minimum share capital for formation of SCI, Therefore it is possible to build a real estate civil society with 1 euro.
On the other hand, the amount of share capital may be fixed or variable, and may include contributions in cash (money) as well as in commodity (fixed assets). It is important to emphasize that the contribution of immovable property which gives rise to the land registration must be compulsorily written off by a notary deed.
Therefore the partners should together determine the ideal amount of share capital which is commensurate with their ambitions and investment objectives, so that the latter can benefit from external financing.
Once deposited, you will receive a deposit certificate, The latter is part of the documents required to register for your SCI.
Publish legal notice of SCI
This third step is a mandatory formality, as it makes it possible to inform as many people (including tenants) as possible about your process for creating an SCI. The publication must be in a recognized journal, the place of registered office of the company is located in the Dept. Its non-publication may prevent the registration of the company as well as the effective commencement of its activities.
Legal notices must include mandatory elements such as those set forth in the Articles of Association. In particular, the following information should be included:
- information about the manager(s);
- Registered office address;
- date of commencement of activities;
- the way in which the statutes were formulated;
- the date of signing of the articles of association;
- Conditions for the sale of shares in the company.
to note : Publication prices of legal declarations vary by departments.,
The process of registration of SCI begins constitution of a file, The latter should include, among other documents:
- M0 form (administrative document to be completed and signed by the manager);
- certificate of deposit of funds;
- Certificate of publication in a newspaper of legal declarations;
- Proof of occupancy of head office premises;
- Proof of identity of the manager(s) as well as a declaration of non-convict and parent in the case of a natural person;
- An original copy of the Articles of Association;
- Declaration of Beneficiary Owners.
When all the elements are present, all you have to do is File or send your file to the Clerk of the Commercial Court. you also have to pay about 70 eurosBecause this is not a free service.
After the file is analyzed and verified, your Kbis extract is edited, as is your siren number. Your real estate civil society is built like this.
Build an SCI: Get Help on Your Steps
As you can see, creating a real estate company is not always a very simple process. For example for formatting methods, it is possible to: find examples on the internet, but they do not necessarily match your reality, your needs and your objectives.
Similarly, the mode of taxation of your SCI should not be chosen at random. You’ll have to choose which type of tax will be most beneficial to you and your partners based on your activities. you will also need obligatory to account,
In addition, when you choose an SCI, you are liable to Conduct a General Meeting (GA) every year to approve the accounts of the company,
This is why it is strongly recommended to seek the help of qualified professionals. It could have been :
- a notary or other legal expert;
- a chartered accountant;
- An approved online legal platform, etc.
By collaborating with professionals, you can a . benefit from personal support, All the processes are carried out in a compliant manner and within a very short time frame.
Unless your project involves specific legal difficulties, online legal platforms are especially well suited to helping you make your SCI project a reality. For real estate, estate or tax advice, this is preferable. Contact a lawyer or expert in these matters,
If you decide to make your own Online SCI CreationBe sure to check, in addition to the time frame, the prices charged, additional services (verification of the registration file, support, etc.), but also the opinions of users.
The cost of formalities, combined with the fees or costs of online platforms, shouldn’t be a break: you will be virtually assured that your documents are in order and that all procedures have been respected.
Benefits of SCI
SCI represents a good alternative because, in addition to not requiring any mandatory minimum initial contribution, it facilitates the organization of the structure’s operations and specifically allows:
- Of benefit from tax benefits (Choice between income tax and corporation tax, distribution of dividends or reinvestment of profits, depreciation of building, etc.);
- Of Facilitates the management of professional and personal assetsStreamlining the formalities in case of transfer of assets to the beneficiaries;
- Of distribute costs among partners,
This last point is important, because financial organizations will be more willing to give you a loan if you have multiple partners. Similarly, the cost of completing your real estate projects will be reduced as they are distributed among all the partners. Lastly, don’t hesitate to contact trusted legal partners to assist you in the process of creating your future SCI.