Tuesday 22 November 2011

French Justice (part 2 - 2005)


In March 2005, I came to France to visit the property for the first time, and to sign the articles of association relating to the SCI, which had been drawn up by a local notaire chosen and consulted beforehand by my associate (on her own, of course!), who imposed herself as sole “gérante” (administrator) at that time. I was not fully informed of all the implications that this would involve with regard to the SCI's future management and operation, either by the notaire or by my associate. 

I returned to the UK a day or two later, and the final deed of sale on the property was signed on 31st March by my associate as “gérante” of the SCI.

I put my house in England on the market right away, and found a buyer towards the end of summer 2005, leading me to make the decision to leave England completely before the end of the year in order to go and live in what I thought was my house in France as my main home. This move took place at the end of November 2005 (I made two trips back and forth between England and France, with all my belongings) and my associate was at all times kept informed of my intentions in this respect.

Therefore, as of the end of November 2005, I was living in this property which I had purchased 50/50 with my associate (for me as my main home and for her at the time as a second home). I did not have any other living accommodation at that time and continued to live on the premises until I was forced out in May 2011, when the property was liquidated and sold at public auction.

From the very beginning, the SCI's management procedures (planning, budgeting, decision-making, accounting, working capital, etc...) were not carried out in accordance with normal rules (no general meetings, no joint decisions, no book-keeping) with regard to operation of the SCI, occupation of the premises, work to be undertaken, purchasing of materials or services, etc.... Despite my repeated requests, firstly to my associate as administrator and subsequently to the special administrator appointed by the court, the SCI's official paperwork (deeds, supplier invoices, cheque book, etc...) were never held available (as they should have been) and kept on file at the SCI's registered address.


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