Guesclin Notary Office, which specialises in business law in Rennes, advises entrepreneurs and managers by addressing business law in all its aspects. Guesclin Notary Office advises entrepreneurs and managers by addressing business law in all its aspects (including choosing the most suitable corporate structure for a project, incorporation, conversion, amendment of the articles of association, transfer of corporate rights and in general, anything relating to legal persons).
Specialising in commercial law and business law, Guesclin Notary Office gives you the required expertise, but also the fairness and security that only an authenticated deed can provide you with, specifically by issuing an enforceable copy.
Sale of businesses
According to our business law expert, the sale of a business is a very specific and complex operation. Certain conditions governing both structure and capital must be observed. The involvement of your business law expert in Rennes thus ensures compliance with these conditions and the provision of comprehensive information about the tax, family and inheritance implications of the operation.
More specifically, the deed must include certain references, on pain of nullity, namely:
- the name of the previous seller, the nature of his deed of acquisition and the date and price of his acquisition (for intangibles, goods and equipment);
- the charges against the capital, with reference to the liens and pledges on the capital;
- the turnover of the seller in the three accounting years preceding the sale;
- the total commercial profits earnt over the same period;
- the commercial lease, its date and duration, and the name and address of the lender.
Moreover, to guarantee the buyer, the law provides that the sale price of the seller will be sequestered for a certain period, on a secure account generating interest for the seller. The issuance of the capital to the seller takes place as soon as possible once the law allows us to and the usual checks have been done by our business law notary in Rennes.
Once signed, the deed is then subject to various formalities: registration, registration in the trade and companies register, tax and company notices, publication of the sale in a journal of legal notices and BODACC (official bulletin of civil and commercial announcements). Guesclin Notary Office, which specialises in business law, is in charge of these steps.
Commercial lease
Our business law advisor in Rennes is able to assist you with the drafting of a commercial lease or advise you on your existing lease (right to renewal, duration, purpose and right of the lender) or drafting any amendments.
Insofar as it determines the rights and obligations of the lender and tenant, the lease must be drafted carefully and correctly since certain binding legal rules cannot be circumvented by the will of the parties (right to renewal or duration etc.), while other rules can be adapted.
The authenticity of the deeds received by your business law notary in Rennes makes your commercial lease enforceable, thereby avoiding having to wait for a court decision for it to be executed.
Company incorporation
According to our expert notary in business law, a company is made up of several elements: business capital, of course, but also a dwelling house, furniture, securities and bank accounts. All these elements, as well as the clients, brand, leasehold right, goods, patents and licences, constitute the global assets of a company.
Declaration of unseizability
The idea is for the individual entrepreneur to protect his wealth as much as possible.
Unseizability, which is when a property cannot be subject to a foreclosure, may relate to the principal residence or any property, built or not, which is not designated for professional use, such as a second home or land etc. For mixed-use buildings (professional and residential), only the section designated for residential use is the subject of the declaration.
The declaration of unseizability is accessible to all natural persons registered in a legal advertising register. It may be accessed by traders, craftsmen, commercial agents, farmers, professionals and any other self-employed person. However, companies of all kinds may not benefit from this arrangement.
The declaration of unseizability is established by a business law notary in Rennes and subsequently published in the land registry service and mentioned in a professional legal advertising register (trade register or registry of the commercial court etc.) or in a journal of legal notices for those not required to register.
Property becomes exempt from seizure only in respect of the professional creditors of the entrepreneur and for business debts arising on publication of the declaration.
Establishment of commercial leases
Guesclin Notarial Office is able to assist you with the drafting of a commercial lease or advise you on your existing lease (right to renewal, duration, purpose and right of the lender) or drafting any amendments. Insofar as it determines the rights and obligations of the lender and tenant, the lease must be drafted carefully and correctly since certain binding legal rules cannot be circumvented by the will of the parties, while other rules can be adapted.
Sale of businesses
Guesclin Notary Office, which specialises in business law in Rennes, offers services to company directors. Whether the sale of a business, the sale of capital or the incorporation of companies, all these deeds can be drawn up by us.
Tax calculations
Any notary in business law in Rennes or elsewhere has a duty to advise on taxation matters. You can count on our notary office for all areas of expertise if you are transferring your business. We will use the various tax benefits at your disposal and calculate the total potential added value in the event of sale.
