The Notarial Office ANDERSON NOTAIRES, advises entrepreneurs and managers by addressing company law in all its aspects (choice of the social form best suited to the project, incorporation, transformation, statutory modification, transfer of social rights and in general, everything relating to legal persons).
Specialist in commercial law and business law in Rennes and Brittany, the Notarial Office ANDERSON NOTAIRES brings you the necessary expertise, but also the fairness and security that only the authentic deed can provide, in particular thanks to the issuance of an enforceable copy
The ANDERSON NOTAIRES Notarial Office, specialized in business law in Rennes, advises entrepreneurs and managers by addressing all aspects of business law.
Sale of goodwill
According to our business law specialist, the transfer of goodwill is a very specific and complex operation. Conditions, both of form and of substance, must be observed. Also, the intervention of your expert in business law allows the respect of these conditions and complete information of the parties on the tax, family and patrimonial implications of the operation.
More specifically, certain mentions must appear in the act, on pain of nullity, namely:
• the name of the previous seller, the nature of his deed of acquisition, the date and the price of his acquisition (for intangible elements, goods and equipment),
• the charges weighing on the fund, with mention of the privileges and pledges encumbering the fund,
• the turnover achieved by the seller during the three accounting years preceding that of the sale,
• the amount of commercial profits made over the same period,
• the commercial lease, its date, duration, name and address of the lessor.
In addition, to guarantee the buyer, the law provides that the seller's sale price will be sequestered for a certain period, in a secure account generating interest for the benefit of the seller. A New Jessey of the funds to the seller takes place as quickly as possible as soon as the law authorizes us to do so and that the usual checks have been made by our notary in business law.
Then, the deed must be subject, once signed, to various formalities: registration, registration in the RCS (trade and companies register), tax and social notifications, advertising of the sale in a journal of legal announcements and in the BODACC (official bulletin of civil and commercial announcements). The Notarial Office ANDERSON NOTAIRES, specialist in business law in , takes care of these procedures.
To know more:
The question of the bank account abroad
International funds transfer, the guide
Why hire a notary specializing in business law?
Why invest in commercial real estate?
Obligations linked to the sale of a goodwill
Commercial lease
Our business law advisor is able to assist you in drafting a commercial lease or to advise you on your existing lease (right to renewal, duration, destination, lessor's right) or any drafting of an amendment.
Insofar as it determines the rights and obligations of the lessor and the lessee, the lease must be drawn up with care and precision since certain mandatory legal rules cannot be circumvented by the will of the parties (right to renewal, duration, etc.), while other rules can be arranged.
The authenticity of the deeds received by your notary in business law gives enforceability to your commercial lease and thus makes it possible to avoid waiting for a court decision to obtain its execution.
Constitution of companies
According to our notary expert in business law, a company is made up of several elements: a goodwill of course, but also a dwelling house, furniture, securities, bank accounts. All these elements, in the same way as the customers, the sign, the right to the lease, the goods, patents and licenses, constitute the global heritage of a company.
Declaration of unseizability
The idea is for the individual entrepreneur to protect his assets as much as possible.
Unseizability, i.e. the fact that the property cannot be seized, may relate to the principal residence or to any real estate, built or not, which is not allocated to professional use: second home, land... In the case of a mixed-use building (professional and residential), only the part allocated to housing is subject to the declaration.
The declaration of unseizability is accessible to all natural persons registered in a register of legal publicity. Are allowed to use it: traders, craftsmen, commercial agents, farmers, liberal professionals as well as all those who carry out their activity in self-employment. But the companies, whatever they are, are excluded from the benefit of this device.
Declaration of unseizability
The declaration of unseizability is drawn up by a notary in business law to be then published in the land registration service and mentioned in a register of legal publicity of a professional nature (directory of trades, registry of the commercial court, etc.) or in a newspaper of legal announcements for people not required to register.
The real estate becomes unseizable, only with regard to the professional creditors of the entrepreneur and for the professional debts, born after the publication of the declaration.
Establishment of commercial leases
The ANDERSON NOTAIRES Notarial Office is able to assist you in drafting a commercial lease or to advise you on your existing lease (right to renewal, duration, destination, lessor's right) or any drafting of an amendment. Insofar as it determines the rights and obligations of the lessor and the lessee, the lease must be drafted with care and precision since certain mandatory legal rules cannot be circumvented by the will of the parties while other rules can be arranged.
Sale of companies
Our Notarial Office ANDERSON NOTAIRES, specialist in business law, offers services to business leaders. Whether it is the sale of a business, the sale of goodwill or the incorporation of companies, all of these acts can be drafted by us.
Tax calculation
Any notary in business law or elsewhere has a duty to advise on taxation. You can count on our Notarial Office for any expertise in the event of a business transfer. We will use the various tax allowances available to you and calculate the amount of the potential capital gain in the event of a sale.