Business law and companies
Transfer of goodwill: attention to mandatory information
Imperative legal and tax rules apply when the promise to sell and the sale (or the purchase) of a goodwill, intended to protect the seller, the creditors of the seller (suppliers, personnel, social security, public treasury, etc.) and also the acquirer and his banker. When selling a business, the fundamental document is the preliminary contract. It is best to use a legal professional, such as the notary. If some information is missing, the sale will be void.
The commercial lease: prefer the notarial act
The notarized lease allows the lessor to save money in terms of money, lost time, and worry. In case of unpaid rent, he simply sends the copy of the notarial lease to a bailiff who takes care of seizure the bank account, wages or furniture of the tenant. If there is no dispute (1 month) the lessor can ask the bank the payment of what is due, without subsequent creditors can claim their share.
On the other hand, if the lease is private, the lessor must first obtain a judgment from the court before having the tenant's bank accounts seized. In the meantime, the bank account may have been emptied by its owner or seized by other creditors.
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Protection mandates
The future protection mandate: As a precaution, you plan to appoint in advance a person who will be in charge of managing your professional assets, if you become incapable of doing so. The notarial form of the mandate is recommended because it is of immediate application. If the company is operated as a company, the proxy takes the place of the principal, without limits: he takes part in the meetings, votes, manages the company ...
The mandate has posthumous effect: a serious reason urges you to appoint a trusted third party who will administer upon your death, your professional property on behalf of and in the interest of one or more heirs identified. This mandate has a duration of 2 years and can be renewed by the judge.
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Specific taxation
• Taxation in Business Law and the SAINT-BARTHÉLEMY Code of Contributions
• Taxation in business law and the General Tax Code of SAINT-MARTIN
Corporate law
• Establishment of companies
• Sale of shares or shares
• Merger - Restructuring
• Dissolution and Liquidation
Trade Law
• Sale of business assets
• Lease management
• Commercial and short-term leases
Real estate law
Family law
Management of heritage
