What is an SCI?
A SCI is a Société civile immobilière (Real Estate Civil Company). It is a legal structure with a minimum of two partners. This status allows to manage one or more properties. If the real estate assets are held by the SCI, each partner receives a number of shares proportional to their contribution.
An SCI has articles of association that govern how it operates, especially regarding voting methods: unanimously or by majority. The SCI's General Meeting allows you to appoint a manager to handle the day-to-day running of the structure and the properties. SCIs have many benefits when it comes to managing assets and passing them on between family members.
When changing the address of an SCI, it is important to carry out a transfer of registered office. Updating this element is of paramount importance. The articles of association of the SCI specify how the decision to change the address of the real estate civil company can be taken. The Extraordinary General Meeting (EGM) must meet and record this decision by a majority or unanimously.
Minutes are drawn up by the General Meeting. The document is attached to the declaration of the change of address made to the administrative authorities. The articles of association of the SCI contain the address of the registered office. It is therefore essential to update the articles of association when its address changes. A copy of the amended articles of association must be sent to the one-stop shop of the Centre des formalités des entreprises (CFE).
Publish an official notice to notify the update of a SCI's registered office
Once a SCI has updated its articles of association, it must notify its new registered office by publishing an announcement in a legal gazette. If the address change occurs within the same department, the SCI only needs to publish the information once. However, if the registered office changes to a different department, the SCI is required to make two publications: one in the original department and one in the new one.
The published notice includes the following information:
- the type of company, in this case, a SCI (property investment company);
- the amount of share capital ;
- registered office address ;
- the corporate name of the SCI ;
- the mention of the transfer of the registered office;
- the SCI's unique identification number;
- the mention "RCS" followed by the name of the city where the registry is located;
- the mention of the Trade and Companies Register (RCS) where the SCI will be registered following the location of its new registered office.
The SCI needs the certificate produced by each legal announcement journal. This is required when applying to transfer the SCI's registered office via the single window.
The procedure for declaring a transfer of registered office for an SCI
Moving the registered office of a real estate civil company requires a declaration to the Business Formalities Centre (CFE). The declaration file contains the following documents:
- A copy of the SCI's articles of association, updated and certified as a true copy of the original by the manager;
- proof of publication in a legal announcement journal (two proofs if the address change occurs between two different regions);
- Proof you're occupying the new premises for your company's registered address: a domiciliation contract, a lease, a utility bill, etc.
The manager is the legal representative of the SCI. They must prove the use of the new premises by providing supporting documentation. To report the change of address of the SCI, you must complete the M2 amendment form for the registry of the commercial court. The document must be completed and signed in triplicate. Here are the essential steps to follow:
- Box 1: Select "Transfer of registered office."
- Box 2: Enter the old address of the SCI's registered office.
- Box 12: Enter the date of the transfer of the registered office. Check the "Old establishment" box and then the "Closed" box to indicate that the old registered office is closed.
- Box 13: Enter the date the registered office was moved. On the line labeled "the establishment becomes", check the "registered office - main establishment" box.
- Box 22: Complete according to the specific requirements of the request.
- Box 23: Complete and sign.
- If your application is incomplete or contains incorrect information, it will be rejected by the authorities.
You can get help from a legal professional to complete the M2 modification form. Or, you can delegate the administrative process of transferring your registered office to an organization such as SeDomicilier.
How much does a change of address cost for a SCI (Société Civile Immobilière)?
There are fees for changing the registered address of a real estate civil company:
- publication costs in the official legal gazette;
- registry fees at the commercial court.
Publication costs in a legal announcement journal
Publication costs in a legal announcement journal vary by department. On average, this step costs around 150 euros including VAT. If the SCI (property investment company) changes departments, the procedure requires publication in two official announcement journals, which means higher costs.
Commercial court registry fees
When changing the address of a real estate company (SCI), you need to submit a transfer file to the commercial court registry. This file includes several documents:
- the notice of transfer of the SCI's registered office published in the official gazette;
- the updated minutes of the SCI;
- The updated articles of association for the SCI;
- the completed CERFA M2 form.
Registry fees change depending on two scenarios:
- If the SCI's new registered office is in the same department, the filing fees with the registry are €242 including VAT.
- If the SCI's new registered office is located in a different department, the filing fees amount to €289 including VAT.
Registry fees include emoluments, VAT, INPI (National Institute of Industrial Property) fees, and insertion into the BODACC (Official Bulletin of Civil and Commercial Announcements).
It's possible to delegate the process of changing your SCI's address to a legal professional, such as a lawyer or notary, or to a company offering this service like SeDomicilier. Additional fees and charges will then be billed to the SCI.
Written by our editorial expert
May 22, 2024