Manager of his company and his SCI (society which hold a property), be careful to the confusion of your asset

Classical situation : a trader is manager of his professional company but also of the SCI which holds the property where there is the activity.

In a very recent decision of January 2019, the Court of Cassation condemned a manager who had found a way to transfer money from his company with which he do on business to his SCI which held the ripe.

The Court of Cassation was not fooled and considered that because of the abnormal activities between the two companies, it extended the bankruptcy of the first company to the SCI.

Another decision that should encourage people not to confuse management of their professional activity and management of their SCI. The second can’t be used to “take out” money through dubious contracts such as the purchase of unjustified material.

Court of Cassation Commercial Chamber 16 January 2019 No. 17-20.725.

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