Reference decision: cc • N° 12-87.473 • 2013-05-23
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The legal personality enjoyed by a property investment company (SCI) does not prevent an investigating judge from seizing the net assets resulting from the sale of a building belonging to that company in order to guarantee the confiscation penalty to which partners, who jointly hold 99.55% of its capital, are liable to be sentenced for money laundering, since these partners, who have the power to decide on the use of those assets, have free disposal of them, within the meaning of Articles 131-21 of the Criminal Code and 706-148 of the Code of Criminal Procedure, as amended by the Act of 27 March 2012
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Plan ahead: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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