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Enterprise Individuelle - Protecting your home


lezigspider
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We visited our Notaire today, with the aim of drawing up a document to protect our home in the event of our new business venture failing. In the book 'Starting a business in France' by Andre de Bries, it suggests a 'declaration d'insisissabilite'. Apparently this is only if your business is at a different address to your home. You cannot have them as the same. We then asked if we could treat our annexe as our business part of the house, and then just protect the main house.. but that would mean making changes to the Cadastra, to separate the annexe as an entity from the main house, and is very expensive.
He suggested that a way around it was to put an office in our adjacent field, which on the cadastra is a different parcel of land.
We thought well we could put up a reasonable sized garden shed there, and that could be our office, and we could run our power and phone cables from the house to it, but he seemed to think it would need to be bigger than a garden shed, but this could have been lack of understanding, as we had in mind something 3m by 3m.
After leaving we thought maybe a mobile home would be the answer. Whatever we do, this structure, would have to be given a different address, in order to protect the home on the adjacent parcel of land.
Has anyone come across this problem, and might a mobile home be suitable, or would a larger summer house type garden shed be necessary.
Thanks, Gemma
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This sounds highly improbable - tho of course anything could be true in the land of French bureaucracy. I should get a second opinion before you go to any trouble and expense. My husband was given completely wrong advice by a French solicitor a while back - it took another solicitor to point out the error.

I think the issue is probably that you are allowed to protect your home from creditors, but not your business premises. But if they say your house is your business premises and not your home, what do they reckon IS your home? Or do they think you live in a field? No logic to it.

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I agree - get a second opinion. The last document I read on the subject said that recent changes in the law meant your home was automatically protected in the event of an EI failing. Can't remember the exact document, but it was something I got from my accountant or the CCI.

Henry.
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