mer., 26 mars 2014 17:51:00 +0000

Notice of the CCRCS: Does the legal publication of a Real Estate Firm need to indicate the names and addresses of members?

In ruling no 2013-018, le the Coordination Committee of the Trade and Companies Register (CCRCS) indicated that, pursuant to article 22 of decree no.78-704 pertaining to application of law n°78-9 of 4 January 1978 amending section IX of book III of the civil code, announcement of establishment of a real estate firm in a legal publication journal (JAL) should notably include the "full name and address of members jointly and severally bound by company debts".

In ruling n°2012-015, confirmed by notice 2012-007 concerning the transfer of a registered office of a non commercial entity, the CCRCS indicated that only members jointly and severally bound by company debts should see this information inserted in a JAL.

However, for civil companies, article 1857 of the civil code lays down the principle in line with which "Towards third parties, members shall be indefinitely bound by company debts up to the proportion of their share in commercial capital as at the date of payment or at the date on which payments can no longer be respected. ". The individual liability of members of a real estate company is therefore indefinite but not severally liable towards company creditors.

Consequently, announcement of the establishment of such a company inserted in a JAL should not indicate the name and address.

Consult notice no. 2013-018 of the CCRCS.