As an exception to articles 2284 and 2285 of the Civil Code, the rights of a natural person registered in the National Register of Companies in the property where his or her main residence is fixed are by law unseizable by creditors whose rights arise in connection with the person’s professional activity. Where part of the main residence is used for business purposes, the part not used for business purposes…
The declaration provided for in the second paragraph of Article L. 526-1, received by a notary under penalty of nullity, contains a detailed description of the assets and an indication of whether they are owned, jointly owned or undivided.The deed is published in the real estate register or, in the departments of Bas-Rhin, Haut-Rhin and Moselle, in the land register of its location. Where the person is registered in the…
In the event of the sale of property rights in the main residence, the price obtained remains exempt from seizure, provided that the sums are reinvested within one year in the acquisition by the person mentioned in the first paragraph of article L. 526-1 of a property in which their main residence is located. The unseizability of rights in the principal residence and the declaration of unseizability relating to any…
When applying for registration in the Trade and Companies Register, the Special Register of Commercial Agents, the Special Register of Sole Proprietorships with Limited Liability or the National Register of Companies, a natural person married under a legal or contractual community regime must provide evidence that his or her spouse has been informed of the consequences for joint assets of debts contracted in the exercise of his or her profession….
The provisions of articles L. 313-14 to L. 313-14-2 of the Consumer Code are applicable to loans granted to any natural person registered in the National Register of Companies and to the sole managing partner of a limited liability company, and secured by a rechargeable mortgage registered on the property where the person concerned has set up their main residence.
To carry on his business as a sole trader with limited liability, the sole trader assigns to his professional activity assets separate from his personal assets, without creating a legal entity, under the conditions set out in article L. 526-7. These assets are made up of all the property, rights, obligations or securities held by the sole trader and required to carry out his business activity. It may also include…
The creation of the earmarked assets is the result of a declaration made: 1° For a commercial activity, to the trade and companies register with which the trader is required to register; 2° For an activity in the trades and crafts sector, in the national register of companies with which the head of the business is required to register in this capacity; 3° For activities as a commercial agent, in…
I.-When setting up the assets and liabilities affected, the sole trader mentions the nature, quality, quantity and value of the assets, rights, obligations or sureties that he assigns to his professional activity on a descriptive statement filed with the register where the declaration provided for in Article L. 526-7 to be annexed thereto. In the absence of any property, right, obligation or security assigned pursuant to the second paragraph of…
Subsequent to the creation of the assigned assets, the entry or withdrawal in the accounts of an asset, right, obligation or security entails assignment to the professional activity or withdrawal from the assigned assets. Receivables and indemnities which replace assigned assets as well as assets acquired through the use or replacement of assigned assets are automatically assigned by the effect of real subrogation. Regularly kept accounts are evidence with regard…
The assignment of a property or part of a property is received by notarial deed and published in the mortgage office or, in the departments of Bas-Rhin, Haut-Rhin and Moselle, in the land register for the location of the property. A sole trader who assigns only part of one or more properties shall designate that part in a descriptive statement of division. The drawing up of the notarial deed and…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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