Do you want to create a real estate company? Discover our contract software and the model of creation of real estate civil company automated by Legal Pilot!
What is a non-trading property company?
A non-trading property company is a legal structure made up of at least two people, each with the status of partner, to manage one or more properties. The property is held by the real estate company and each partner receives shares in proportion to his contribution.
Like any society, the non-trading property company is governed by statutes, which determine how it operates and, in particular, how decisions are taken (unanimity or majority, for example).
In addition, the partners of a real estate company appoint a manager, who will be responsible for the day-to-day management of the property held by the company, without having to deal with the other partners.
The challenges of the non-trading property company
In the context of a non-trading property companyIn the case of a partnership, the debts and profits generated by the property held by the partnership are divided among the partners. Thus, if work has to be carried out on the property held, the cost is divided among the partners in proportion to the shares they hold.
As regards a possible transfer of the property, this can only be done with the agreement of the partners representing the majority of the company's shares.
In the event of disagreements or differences of opinion, the non-trading property company allows for further protection of heritage preservation. Also, the non-trading property company is particularly suitable for managing family assets
In addition, the non-trading property company makes it easier to pass on assets. If a parent wishes to transfer a property to his or her children, he or she can transfer shares in an SCI and thus benefit from the allowances provided for inheritance tax in the direct line, amounting to €100,000 per child for each donation, renewable every 15 years.
Composition of the model
The creation of a non-trading property company is not limited to the simple drafting of the statutes. Legal Pilot proposes different templates that can be created by the future partners of the non-trading property company :
- The company's articles of association
- The declaration of non-conviction of the manager
- The certificate of availability of the premises
- The notice of incorporation of the company
Automation with Legal Pilot
This model has been automated on the Legal Pilot platform. This allows you to change the contract structure, add or remove certain clauses or questions, etc.
To download this template, log in to your personal space by clicking on the "Login" button.
