How to found a Real Estate Company: Guide to the essential steps
IN BRIEF | \n
| 1. Drafting of statutes : Define the operating rules of the SCI. | \n
| 2. Constitution of share capital : Contributions from associates, no minimum required. | \n
| 3. Appoint the manager : Mandatory, can be associated or not. | \n
| 4. Publication of a notice : Advertisement in a legal notice newspaper. | \n
| 5. Submission of the file : Registration in the trade and companies register (RCS). | \n
Found a Real Estate Civil Society (SCI) is a strategic approach for managing and optimizing real estate assets. This legal entity promotes the holding, management and transfer of real estate between partners, whether for family or professional purposes. To successfully complete this project, it is crucial to follow a series of essential steps, ranging from drafting the statutes to registering the company. Here is a technical and precise guide to support you in each phase of creating your SCI.
\n\n\n\nThe creation of a Real Estate Company (SCI) is an ambitious but achievable project, allowing several people to manage and transfer real estate assets more easily. This detailed guide will accompany you through the different stages, from drafting the statutes to registering your SCI. Following these steps precisely will help you navigate this legal and administrative process with peace of mind.
\n\n\nDrafting of the SCI statutes
\n\n\nThe first crucial step in the creation of an SCI is the drafting of statutes. These documents establish the operating rules of the company, including the name of the SCI, its corporate purpose, its registered office, the duration of the company, as well as the terms of operation and distribution of profits. The statutes must also designate the managers and specify their powers. It is strongly recommended to have these statutes drafted or validated by a legal professional to avoid errors that could complicate the future management of the SCI.
\n\n\nConstitution of the share capital
\n\n\nThen, you must constitute the share capital of the SCI. This capital can be made up of cash contributions (money) and/or contributions in kind (real estate, for example). There is no minimum amount imposed for the share capital, thus offering great flexibility in the constitution of your SCI. The contributions must be clearly defined, and their evaluation faithful to reality to prevent any subsequent dispute between partners.
\n\n\nPublication of a notice of incorporation
\n\n\nTo make your SCI official, it is mandatory to publish a notice of incorporation in a legal announcements newspaper in the department of the company's head office. This publication must mention various information such as the company name, the legal form, the address of the head office, the purpose of the company, the duration, the amount of the share capital, and the contact details of the managers. This step is essential to inform third parties of the creation of your SCI.
\n\n\nFiling the registration file
\n\n\nOnce the notice of incorporation has been published, you must file a registration application file with the Registry of the competent commercial court or on the website of the National Institute of Industrial Property (INPI). This file must include several essential documents, including the signed statutes, the certificate of publication in a legal notices journal, a completed M0 form, and a copy of the managers' identity document. The filing of this file will formalize the legal existence of your SCI.
\n\n\nObtaining the Kbis and finalizing the procedures
\n\n\nAfter validation of your file by the registry, you will receive a Kbis extract, which is the birth certificate of your SCI. This document confirms the registration of the company and allows you to carry out the final administrative procedures such as opening a bank account in the name of the SCI, taking out insurance, and registering real estate in the name of the society. It is imperative to keep this Kbis for all future procedures and the day-to-day management of your SCI.
\n\n\nCreating an SCI may seem complex, but by methodically following these steps, you will put all the chances on your side to successfully complete your real estate project. Do not hesitate to call on professionals to support you, in order to guarantee the legal solidity of your company and to facilitate its future management.
\n\n\n\n| Stage | \nDescription | \n
| Drafting of statutes | \nDefine the operating rules and designate the manager as well as the head office | \n
| Constitution of share capital | \nSet the amount, no minimum required | \n
| Appoint managers | \nChoose one or more managers, partners or not | \n
| Publication of a notice of incorporation | \nPublish a notice in a legal notice newspaper | \n
| Submission of the registration file | \nSubmit the file to the commercial court registry | \n
| Registration with the INPI | \nRegister the company in the National Business Register | \n
| Opening a professional bank account | \nOpen an account in the name of the SCI | \n
| Signing of contracts | \nSign management and rental contracts | \n
- \n\n
- \n Step 1: Drafting the statutes\n
- \n
- Define the operating rules of the SCI \n
- Include the manager and head office \n
\n
\n\n\n - Define the operating rules of the SCI \n\n\n
- Include the manager and head office \n\n\n
- \n Step 2: Constitution of share capital\n
- \n
- No minimum amount required \n
- Contributions in kind or in cash \n
\n
\n\n\n - No minimum amount required \n\n\n
- Contributions in kind or in cash \n\n\n
- \n Step 3: Publication of a notice of incorporation\n
- \n
- Legal notices journal \n
- Include mandatory information \n
\n
\n\n\n - Legal notices journal \n\n\n
- Include mandatory information \n\n\n
- \n Step 4: Submitting the registration file\n
- \n
- At the court registry \n
- Supporting documents to provide \n
\n
\n\n\n - At the court registry \n\n\n
- Supporting documents to provide \n\n\n
- \n Step 5: Obtaining the SIREN number\n
- \n
- Awarded by INSEE \n
- Confirmation of the legal existence of the SCI \n
\n
\n\n\n - Awarded by INSEE \n\n\n
- Confirmation of the legal existence of the SCI \n\n
- \n\n
- Define the operating rules of the SCI \n\n\n
- Include the manager and head office \n\n
- \n\n
- No minimum amount required \n\n\n
- Contributions in kind or in cash \n\n
- \n\n
- Legal notices journal \n\n\n
- Include mandatory information \n\n
- \n\n
- At the court registry \n\n\n
- Supporting documents to provide \n\n
- \n\n
- Awarded by INSEE \n\n\n
- Confirmation of the legal existence of the SCI \n\n


