If it is normal to call a notary for a real estate transaction, or in the context of an estate, these professionals are also partners of business leaders throughout the latter’s life. With their experience and multidisciplinary view of professional and private assets, notaries managers support to enable them to better anticipate unforeseen events or the end of their activity.
Written by Professor Charles-Edouard Bourget, Assistant Notary Haussmann
Expect the unpredictable, like a judgment freeze, so you don’t suffer from it
Business leaders are keen on developing their business, and they don’t always think of the unexpected. However, accidents in life can unfortunately affect them, preventing them from performing their duties and endangering the company to which they have devoted all their energies. Companies, especially SMEs, depend on their managers, and it is essential to avoid a governance freeze. Notaries support business leaders to overcome this pitfall. Thus, it is possible to put in place systems to transfer the management of the company to a chosen third party, avoiding destabilization of the company leading to the depreciation of the assets. A notarial deed gives greater strength to these arrangements than a private deed, protecting both the company and the beneficiaries from possible interference by third parties, such as judges of guardianship in the case of minors.
Verify that the activity has finished
It is also recommended to call a notary to prepare for the end of the principal’s activity. Because even if it is difficult for a person to part with what he has often devoted his life to, one must know how to anticipate this moment, and this is at any age. Notaries, with their global view of their clients’ assets, both personal and professional, help make this transfer as smooth as possible, and will recommend the device adapted to the wishes of the entrepreneur. Thus, if an intra-family transfer is envisaged, the notary will recommend, where appropriate, the use of the Dutreil charter, which allows facilitating the transfer of business by granting a 75% reduction on the value of the transferred securities. Some business leaders with strong values like to set aside a portion of their assets for certain causes. To adapt to the requirements of their clients, notaries can also create donation tools, and even endowment funds or sheltered foundations to achieve this charitable goal. Working for the long term, Notaries provide business leaders with differentiated and tailored solutions, at every stage.
