Procuration SCI Template for France

A Procuration SCI is a formal power of attorney document that allows an associate (mandant) of a Société Civile Immobilière to delegate specific legal powers to a representative (mandataire). Under French law, this document is governed by the Code civil provisions on mandate (Articles 1984-2010) and specific SCI regulations, ensuring proper legal framework for delegation of authority within real estate investment companies.

When do you need this document?

You need a Procuration SCI when you cannot personally attend SCI general assemblies, need to delegate voting rights, or require representation for specific legal acts related to your SCI participation. This document is essential when traveling abroad, during illness, or when managing multiple properties through different SCIs. The procuration becomes particularly valuable for busy professionals who own real estate through SCI structures but cannot always participate directly in management decisions. It also serves as a practical solution when coordinating with co-associates who may have conflicting schedules for important SCI meetings.

Key legal considerations

The scope of powers granted must be clearly defined to prevent unauthorized actions by your representative. Under Article 1988 of the Code civil, the mandate must specify whether the representative can perform general management acts or only specific transactions. You should carefully consider whether to grant powers for property sales, mortgage agreements, or major structural decisions that could affect your SCI investment. The document must clearly state any limitations on the representative's authority and include provisions for revocation. Financial liability considerations are crucial, as you remain responsible for acts performed within the granted authority, making it essential to choose a trustworthy representative.

Legal requirements in France

French law requires the Procuration SCI to include precise identification of both parties, including full names, addresses, and roles within the SCI. The document must specify the exact nature and duration of the delegated powers, with clear start and end dates for the mandate. Under Article 1985 of the Code civil, the procuration can be given in writing or verbally, but written form is strongly recommended for SCI matters involving significant legal acts. The document should reference the specific SCI concerned and comply with any additional requirements set forth in the SCI's statutes. For certain acts like property transfers or major financial decisions, notarized authentication may be required under Article 1856 of the Code civil governing SCI management and representation.