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How to manage an SCI (REIT (real estate investment trust))

 

 

Managing a Société Civile Immobilière (SCI) or an REIT (real estate investment trust) is a complex task that requires careful planning, effective management, and compliance with legal formalities. With good practices and professional guidance, managing an SCI can be a profitable option for property owners.

Defining roles and responsibilities

The first step in managing an SCI is to define the roles and responsibilities of each member of the company. The members should work together to designate a manager who will be responsible for the day-to-day management of the SCI and making important decisions. The manager should be someone with experience in property management, finance, or business administration. Other members of the SCI should also be involved in the decision-making process and have specific responsibilities based on their skills and interests. It is important to establish clear lines of communication and decision-making protocols among the members.

Developing a management plan

Once roles and responsibilities have been defined, it is essential to create a comprehensive management plan for the SCI. The management plan should outline clear goals for the SCI, including a timeline for achieving those goals. It should also include a strategy for managing the company’s finances, such as the payment of mortgage, property taxes, insurance, and maintenance costs. Additionally, it is important to determine the terms for profit sharing among the members of the SCI and to keep rigorous accounting to track the company’s finances.

Complying with legal formalities

The creation of an SCI involves numerous legal formalities, and it is vital to comply with them to avoid legal complications. One of the first things to do when creating an SCI is to draft bylaws that specify the objectives, management structure, and rules governing the company. Additionally, the SCI must publish a legal notice announcing its creation in the official gazette and register with the commercial and companies register. The company’s registers should be updated regularly, and annual meetings of members should be held to discuss the management of the company. It is crucial to comply with these legal formalities to avoid legal disputes that could lead to financial losses.

Managing tenant relationships

If the SCI owns rental properties, managing tenant relationships is crucial to the success of the company. Effective management of tenant relationships involves ensuring that rental contracts are clear and precise, collecting rents on time, addressing tenant complaints promptly, and maintaining the property in good condition. The SCI should have clear policies and procedures for managing tenants, and members should work together to address any issues that arise promptly. Additionally, the SCI should have adequate insurance coverage to protect against damages and liabilities that could arise from tenant disputes.

Seeking professional help

Managing an SCI can be complex, and it may be necessary to seek the help of professionals such as lawyers, accountants, or real estate agents. These professionals can provide legal, tax, or real estate advice to help effectively manage the company. An experienced lawyer can provide legal advice on compliance with legal formalities, while an accountant can help with financial planning, budgeting, and tax management. A real estate agent can provide guidance on property management, tenant relations, and market trends. Seeking professional help can help ensure the success of the SCI.

 

Conclusion

Managing an SCI requires careful planning, effective management, and compliance with legal formalities. Defining roles and responsibilities, developing a management plan, complying with legal formalities, managing tenant relationships, and seeking professional help are crucial to the success of the SCI. By seeking legal advice with a lawyer, SCI members can work together to manage their property efficiently and make sustainable profits. A well-managed SCI can be a cost-effective option for managing property and can offer several advantages, including tax benefits and limited liability for members.

About the Author :

Business lawyers, bilingual, specialized in acquisition law; Benoit Lafourcade is co-founder of Delcade lawyers & solicitors and founder of FRELA; registered as agents in personal and professional real estate transactions. Member of AAMTI (main association of French lawyers and agents).

FRELA : French Real Estate Lawyer Agency, specializing in acquisition law to secure real estate and business transactions in France.

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