notary office in Saint-Jean-Cap-FerraT
The notary’s office in Saint-Jean-Cap-Ferrat mainly serves international banking clients carrying out transactions relating to property assets in France. This may include financing, purchase, sale or transfer operations. The notary’s office works with a network of specialists in various European jurisdictions in order to assist clients prior to their intended transaction.
Alain-Xavier BRIATTE is a notary and mainly provides assistance to foreign credit institutions regarding credit transactions in France.
Maître BRIATTE is a former lawyer at the Paris bar (1998-2007) - a graduate of the École de formation du Barreau de Paris who retrained as a notary in 2012 - and began his career in banking and finance law at Clifford Chance in Paris and London (lawyers, banking and finance department).
Working in the legal departments of banks, he joined JPMorgan Asset Management Europe (Vice President, Legal & Compliance) in London and Luxembourg, and was a member of the Comex Europe (legal compliance) of General Electric Capital (GE Capital) Immobilier Europe.
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LexisNexis’s Financement et pratique du crédit [Finance and Credit Practice], in the Pratique notariale [Notarial practice] collection (795 pages), originally published in 2017, analyses the arrangements and guarantees that accompany the granting and management of property financing. It is a decision-making tool for credit practitioners arbitrating the appropriate arrangements regarding the granting of a loan, its repayment, circulation, renegotiation and non-payment, the enforcement of security interests, and the legal consequences for companies in difficulty.
Our expertise: Notarial financing law and credit transactions
Notarial financing law and credit transactions
With regard to the volume of its documented credit transactions, the notary’s office has developed a particular expertise in France. The notary’s office provides or issues advice at all stages of a property loan, from its formalisation until its amicable or contentious settlement. The granting of a loan, the management of guarantees, the repayment and renegotiation of a loan, payment default, enforcement of security interests, company in difficulty or over-indebtedness are all potential stages in the life of a credit agreement, and which should be considered in advance.
Property and inheritance
Buying or selling property in France is a complex operation, particularly if you live abroad and are already subject to a different civil and tax regime. Looking beyond a one-off purchase, the aim is to build up assets, manage them and transfer them, under appropriate conditions. Inheritance issues and issues relating to the sale of property and assets are therefore linked and legal or tax decisions made at the time of a purchase impact freedom of choice and inheritance opportunities in the future, in case of resale or succession.
Financing and the building’s energy performance.
The energy savings imposed by the French State have entered an operational phase. Through many successive laws, the legislator has sought to strengthen the energy performance of buildings located in France. To this end, it has created a number of regulations which however differ depending on whether the building is for residential use or is “for tertiary use”. While these regulations primarily concern the owner, they cannot be ignored by bankers, since they are likely to affect the value of the property financed or given as security.
Change in interest rate and the need of a new notarized deed
During the period of renegotiation of the contractual conditions of an existing loan, the lender often wonders to what extent the notary who executed the initial notarised deed of financing will have to intervene again to accommodate the new contractual terms, including a change in interest rate (variable to fixed and vice versa, or variable to variable), and what would be the terms of their intervention.
The impact of the reform of 15 September 2021 on the pledge of SCI shares
Since a law of 4 January 1978, supplemented by an implementing decree of 3 July 1978, the pledge of SCI (sociétés civiles immobilières: real estate companies) shares was subject to a regime distinct from that of SARL (limited liability company) and SNC (general partnership) shares. The first reform of the 2006 securities law modified the pledge of shares in SARLs and SNCs by making it subject to the pledge of tangible personal property.
Guarantees of the financing of the various methods of acquisition of the property, namely bare ownership, life annuity, forward sale.
This Client Memorandum discusses the terms and conditions of the various acquisition methods, as well as the consequences of these acquisition methods on the lender's guarantees, particularly with regard to: Acquisition in bare ownership (I), Acquisition by life annuity (II), Forward sale (III).