Notary international real estate transactions Paris Batignolles in Triangle d'Or

The system of “protected sector” (“secteur sauvegardé “) of sales in a future state of completion concerns sales bearing on premises to be used principally for residential purposes or for both professional and residential purposes and including an obligation to pay a deposit prior to completion of the construction. In this case, specific provisions (schedule of payments, guarantee of completion, etc.) must be observed under penalty of nullity of the contract and punitive sanctions. By the general nature of the definition of protected sector, the question of the compatibility of certain contracts can be raised such as hire-purchase, transfer of land against premises to be constructed, sales of buildings to be renovated (“vente d’immeuble à rénover) Moreover, the law requires that a contract of sale of a building to be constructed (“vente d’immeuble à construire”)together with provisions specific to said sector be drawn up from the moment that he who undertakes to construct a house or to have it constructed procures the land directly or indirectly. 

If the transferor is not resident in the EEA, and if the sale price of the real estate property exceeds EUR 150,000, a tax representative must be appointed, unless the property sold has been held for more than 30 years. This requirement applies even when there is no capital gain. The seller must foresee this requirement, as the appointment of a tax representative can generate an additional cost for him. We should comment that since 1 January 2015, this obligation to appoint a tax representative was removed for taxpayers resident in the EU and EEA (except for Liechtenstein) in regard to real estate capital gains for individuals

The international department of ETASSE et Associes can assist its clients with incorporating a company ETASSE et Associés assists its clients with incorporating companies, particularly real estate companies (SCI), drawing up memoranda and articles of association, the choice of form of company and the best adapted fiscal option. It also assists its clients with disposals of company shares, whether a sale or a donation and ‘Dutreil’ commitments are concerned. Moreover, it will analyse the company manager’s type of matrimonial regime. For most questions relating to company law, our law frim favours team work between the various departments.

In France, Notaires have exclusive authority for preparing and drafting  deeds of sale. Once you have chosen a property and agreed on the purchase price, you will typically be asked to sign a preliminary contract which may be drafted by an estate agent or by the notaire. You will also be required to pay a deposit, usually 10% of the purchase price. There is a mandatory cooling off period of ten  days during which the purchaser may withdraw. As part of the sale process, the seller is required to arrange for a number of inspection reports on the property The main reports currently produced relate to  : Asbestos , lead , termites , energy efficiency , environmental, mining and industrial risks , gas installations, electrical wiring, septic tanks. After the preliminary contract has been signed, the notaire will check : -that each contracting party is qualified and empowered to sell or purchase the property - that the seller has a valid title to the property - that the title of ownership does not contain any easements or restrictions, - that no mortgage or charges exist over the property and that all rights of pre- emption have been waived. After completion, the Notaire is responsible for having the title deed recorded at the Land Registry. Finally, consideration must be given at an early stage to who is going to purchase the property. The answer to this question will depend on the personal circumstances of the purchaser, the situation regarding inheritance taxes and the legal implications arising from the purchase.  Please feel free to contact Alexandra ETASSE before signing the preliminary contract to obtain further information and to analyse together what is the most suitable ownership arrangement for you in the purchase of a property in France

Even without a marriage contract, the spouses are necessarily subject to a matrimonial regime and their marriage entails financial consequences towards each other and third parties. In the absence of a marriage contract, the law implicitly chosen by the spouses in order to define their matrimonial regime must be determined. The rules in order to determine this "implicit choice" are different according to whether the spouses were married before or after 1 September 1992. *For spouses married after 1 September 1992 The provisions of the Hague Convention of 14 March 1978, which came into force on 1 September 1992 in France and several other countries, apply. The nature of this convention is "universal", i.e. it also applies to spouses who are nationals of third-party countries that did not sign the Convention, in order to determine their matrimonial regime in France. The principle is set out in article 4, paragraph 1, which provides that in the absence of a marriage contract prior to their union, the spouses are subject to the law of their first habitual country of residence once married. However several exceptions to this principle are provided so as to designate the spouses' common national law instead of the law of their first habitual country of residence. More specifically, these exceptions apply in the absence of a common habitual residence after marriage and with spouses of the same nationality. *For spouses married before 1 September 1992 For spouses married before 1 September 1992, the rules of French international law and case law apply; the latter adopt the principle of freedom of choice and consider that this choice translates by the selection of the spouses' first matrimonial place of residence. However, this matrimonial place of residence must have a certain stability. In general, a period of two years is needed in order to determine the matrimonial place of residence. However, case law specifies that the presumption in favour of the first matrimonial place of residence may be invalidated by other relevant evidence, depending in particular on the behaviour of the spouses once married. 

Since 17 August 2015, a major European Regulation dated 4 July 2012 has come into effect. The provisions of this Regulation apply where the deceased died on or after 17 August 2015. The Regulation aims at unifying the laws on inheritance so that the assets left by the deceased, whether movable or immovable, will no longer be divided and subject to different laws. They will be subject to a single law, the law of the State in which the deceased had his habitual residence at time of death. But this law also allows for the planning of his estate. Thus, this Regulation allows people to choose their inheritance law and to designate their national law to govern the whole of their estate. This choice of law is called "professio juris".  For greater legal certainty it is strongly recommended that you make this choice of law in writing in the form of a will. Nevertheless, the designated law will apply only on condition that it is not contrary to international public order.  The International Department of ETASSE et Associés will assist you in drafting your wills in an international context and in this choice of inheritance law. Our team will give you advice for considering the possibilities offered by this Succession Regulation but also its limitations. Indeed, although the Succession Regulation is "universal" in character (applicable regardless of the nationality of the persons concerned, even if they are not nationals of a connected State), its opposability in regard to third countries may raise some difficulties. Moreover, the determination of "habitual residence at time of death" can sometimes be tricky. Warning: this Succession Regulation contains no provisions on taxation. It will therefore always be necessary to refer to the provisions of the Code Générale des Impôts (the French General Tax Code), to the tax treaties signed between France and many States, and possibly the national tax systems of each State. Here again, seeking advice from the International Department of ETASSE et Associés will prove to be extremely usefu