Tuesday, February 16, 2021

What are the differences with a patrimonial civil society?

By definition, a patrimonial civil society is a civil society whose corporate purpose is the management and transmission of heritage . This can be in the form of real estate or securities.

The various forms of civil society discussed above have notable differences with what is called a patrimonial civil society or SC Pat.

If a classic SCI allows for example to carry out activities of management of real estate assets, a patrimonial SC makes it possible to extend the corporate object to the management of transferable securities which have a patrimonial character , that is to say , which can be transmitted between associates. The latter can be part of the same family, as in the case of a classic SCI.

Thus, the activities of a patrimonial SC can extend to the following areas : freelance engineering

Sale of real estate with a view to making investments or investments (financial assets, etc.);

Investments in the capital of other companies ;

Transmission of securities and real estate assets within the framework of a succession.

In short, a patrimonial SC is differentiated by the fact that it offers partners the possibility of carrying out other activities in addition to the management of real estate. These activities must however remain in the civil domain . On the other hand, we can say that a SC Pat is similar to a civil holding company .

Procedures and formalities for the creation of a civil society

There are preconditions for the creation of a civil society, and which mainly concern the number of partners , the share capital , the nature of the activities ( corporate purpose ), but also the constitution of funds ( contributions ).

What are the conditions for creating a civil society?

Whatever its legal form (SCI, portfolio SC, property SC, SCCV or even professional SC…), creating a civil society requires a certain number of very specific steps and formalities . Before taking these steps and formalities, discover the various provisions relating to the creation of a civil society:

A civil society is made up of at least two partners ;

The number of partners is not limited , except in the case of a professional civil society whose partners are all physicians, and whose number cannot exceed 8 partners;

The partners can be of different nationalities , and be legal or natural persons ;

A share capital shall consist in the creation of a civil society, but without minimum required;

Each partner must make a contribution which can be either in cash (in money or cash), or in kind (material goods, assets, etc.), or even in industry (knowledge, etc.);

The share capital is divided between the partners in equal shares , and any transfer of shares can only be done with the approval of the majority;

The duration of existence of a civil society cannot exceed 99 years ;

The establishment must have one or more managers who can also be partners;

Each of the managers is representative of the company vis-à-vis third parties or establishments , and if the manager is a legal person, he must have a legal representative to replace him if necessary;

Each partner can decide to withdraw from the structure, partially or totally;

The partners adopt all measures and decisions concerning civil society during general meetings , or following a written vote;

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