Société simple: figuring out the statutes

I agree with you, Richard.

Hi @reef-finance

I’m unsure if we should continue this thread or switch to another one (?) to finalize the statutes.

I’ve uploaded a translated version of the Brutopia statutes (NL-FR-EN side by side) here: Brutopia statutes - NL - translation ChatGPT FR & NL. I needed the text side by side to read it properly, which might also be helpful for others.

The details in these statutes are impressive and very reassuring. Apart from not having the distribution key (ownership and cost breakdown), are there any other reasons we cannot incorporate more provisions from these statutes (copyright issues) into the one of Coral-autopromotion ?

Final touches before incorporating:
what has already been discussed :
a) Majority voting: I appreciate how Brutopia distinguishes between normal majority and extraordinary majority (specifically when budgets exceed 10%). Thus, I feel that a 2/3 majority could work if a special provision is foreseen for situations where our buffer is insufficient.
b) Blocked account: We’ve asked the notary and will hear back on Friday.
what we can consider :
c) General provision: I propose that the simple partnership commits to adjusting the statutes before the start of construction (simple majority) to cover any details currently lacking.
optional
d) Distribution of shares: Mention that the current distribution is based on provisional apartment size estimates (same table used for land purchase), pending point C.
e) Contribution (“apport”): Consider mentioning that partners’ capital consists of land, labor, and money (point 5.2).

While we can always strive for a version covering all, maybe the general provision mentioned at point c) could suffice temporarily.

PS : If you want to and if copyright allows, I can attempt to incorporate provisions from Brutopia and Spiegel to further enrich the statutes during the weekend.

Good night,
Lucia

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Good afternoon @reeflings,

Following the call with the notary this afternoon, he has requested that we incorporate all remaining changes and send him the statutes for a final review before signing.

We touched upon his fees and he referred to the rates practiced by his office, which have already been communicated ( @reef-finance - I couldn’t find that information on Next-cloud - not sure if it’s stored there or maybe reserved for full members only). This review/rereading of the statutes would still be included in this package as long as we do not request extensive legal feedback from his side.

Some other remarks he made during the call that are relevant to the “société simple”:

  • He advises us to have someone with a legal background review our contracts before signing them. He has someone in mind and will get back to us after checking if this person is available.
  • He highlights that the work related to the common parts of the building will need to be handled separately (via the syndic of the Owners’ Association, which will come into existence when we divide the plot). See the information available in this document: 240628_Notaire_Questions étapes achat terrain. When I asked if we could deviate from this provision of the co-ownership law during the construction phase (as other groups have done in the past, based on reading their statutes, but these are over 10 years old, and I believe the law has changed since then), he said it is not possible.
  • On the issue of bookkeeping, he reminds us that we can stick to simplified bookkeeping. He suggested getting in touch with the co-housing Vosberg in Wezembeek-Oppem, who are managing it on their own without the help of a professional accountant.
  • He will be on vacation next week (1-7 July) and between 15-30 August. His assistant will be away between 8-21 July.
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I am confortable with doing the bookkeeeping, with @RichardB as a backstop.

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Hello @reef-finance,
My understanding is that our next big task is to finalise the statutes of the société simple.
I don’t know if you had time to go over my remarks? Or do you have an idea on how you wish to proceed?
Lucia

Hello Lucia, agree let’s discuss this plus a few others points from the coordination meeting. @ugne I don’t see an upcoming team finance meeting for this month should we schedule one, perhaps a quick poll will do to find a date.

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Hi @reef-finance
Hi @RichardB

Indeed, it’s possible I scheduled our calls for the first half a year only. Will be off site for these 3 upcoming days but will send a poll this weekend or early next week.
Thanks for the reminder!
Best
Ugné

Best of luck with the upcoming days – you’re almost done! :blush:

I have a suggestion regarding our meeting schedule. Would it be possible to extend our meetings to 1.5 to 2 hours and/or increase their frequency to every two weeks? I understand that many of us are juggling parenthood and other responsibilities, and my goal is to ensure our meetings are as effective as possible.

With the increasing workload in the upcoming months, I feel that one hour every three weeks might not be sufficient. In the meetings so far, I haven’t had the opportunity to discuss everything on my mind.

Thank you for considering this.

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Sure, we can always do that and cancel later if needed.

Hi all, I wonder if there have been discussions about possible taxes that have to be paid in other countries on the société simple. This discussion seems relevant considering the international composition of this group. Apparently, some countries have different laws attributed to nationality which implies that citizens of a country that live abroad still have to pay taxes to their country of origin even though they do not live (or work) there.
I ask this question because I consulted with my uncle who manages a ‘société simple’ that I am also part of. For this ‘société simple’ we are currently challenged with issues related to international revenue law because one of the share holders is moving to another country…
If there have been discussions and they have meeting minutes or decisions, where can I find them?
Thank you for answering my question

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Hello Marij_e,
I believe you are asking what the tax implications could be for people who have to submit their tax declaration abroad while maintaining members of the (société simple) SoSim. We have not discussed such a case yet and I am also not aware whether it would apply to any of the current full members. It is good though that you bring it up, such that we can alert all future members that they may have to consult local tax regulations in case they are due for foreign taxes.