Machine Translation of "Decree No. 2003-386 17 April 2003 Amending Articles R. 313 - 25 And R. 313-25-1 Of The Code Of Construction And Housing" (France)

Decree No. 2003-386 17 April 2003 Amending Articles R. 313 - 25 And R. 313-25-1 Of The Code Of Construction And Housing

Original Language Title: Décret n° 2003-386 du 17 avril 2003 modifiant les articles R. 313-25 et R. 313-25-1 du code de la construction et de l'habitation

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Abstract

In application of Provisions of s. L. 313-28 of the Construction and Housing Code (CCH) (inserted by art. 6 (IV and VI) of Law 96-1237 of 30 December 1996), the statutes of the regulated subsidiaries of collectors of the participation of employers in the construction effort must include model clauses which have been annexed to Art. R. 313-31-2 of the CCH resulting from Decree 93-750 of 27 March 1993. Since the intervention of this decree, the controls carried out by the national agency for the participation of employers in the construction effort (ANPEEC) have shown that these model clauses had achieved the purpose for which they had been proposed: To ensure the maintenance of the social vocation of the heritage constituted with funds from the EECP. However, 8 years after publication, some of these model clauses raise application difficulties or rigidities that make their review and amendment necessary. Thus, the following amendment was the subject of a deliberation by the ANPEEC Board of Directors of 11 June 2002, voted unanimously and amending a previous deliberation on March 26, 2002. Change in the allocation rule for the liquidation bonus of each of the corporate forms so that this assignment is made directly to the regulated funds of a CIL or an ITC: after the refund (capped at 150 % of the Nominal value) of the capital stock, the possible winding-up of these different companies may, according to the model clauses, be devolved only to another regulated subsidiary undertaking operations for rental purposes. However, there may be situations where a collector does not hold any other rental subsidiary other than that on dissolution, or that its leasehold subsidiaries do not conduct any new operations that would justify the provision of such financing. The amendment of sections R. 313-25 (Order 80-190 dated March 5, 1980) and R. 313.25-1 (s. 2 of Decree 90-100 of 26 January 1990), to ensure that this allocation is charged to the amounts collected by the KICs or by the CIL for the participation of employers in the construction effort, requires the intervention of the present Order in Council.

Keywords

EQUIPMENT, HOUSING, CONSTRUCTION, CODE CONSTRUCTION AND HOUSING, CCH, EMPLOYER PARTICIPATION, 1 % HOUSING, SOCIAL HOUSING , CONSTRUCTION EFFORT, COLLECTING BODY, PAYMENT, BUSINESS, FUND PLACEMENT, SECURITY, LENDING, FINANCING, OWNERSHIP, BORROWING, PRET , REIMBURSEMENT

JORF n ° 97 of April 25, 2003 page 7393
text number 24

Decree n ° 2003-386 of 17 April 2003 amending articles R. 313-25 and R. 313-25-1 of the code of construction and housing

NOR: EQUU0300476D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/4/17/EQUU0300476D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/4/17/2003-386/jo/texte

Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Equipment, Transportation, Housing, Tourism and the Sea,
Given the Construction Code And housing, and in particular articles L. 313-7, L. 313-16, L. 313 28 and R. 313-9, R. 313-25, R. 313-25-1, R. 313-27, R. 313-31-2, R. 313-52 to 313-56;
Due to the deliberations of the National Agency for the Participation of Employers in Effort No. 2002-02 of March 26, 2002 and No. 2002-06 of June 11, 2002;
The Council of State (Public Works Section) heard,
Describes:

It is added after the e of article R. 313-25 of the code of construction and housing a f so written:
" (f) The surplus of the net proceeds of liquidation exceeding one-half of the share capital of the corporations referred to in R. 313-31-2. "

Item 2 Read more about this Article ...

It is added after the d of article R. 313-25-1 of the code of construction and housing a e thus written:
" (e) The surplus of the net proceeds of liquidation in excess of one half of the share capital of the corporations referred to in R. 313-31-2. "

Item 3 Read more about this Article ...

The Minister of Economy, Finance and Industry and the Minister of Equipment, Transport, Housing, Tourism and the Sea shall each be responsible for the execution of the present Order, to be published in the Official Journal of the French Republic.

Done at Paris, April 17, 2003.

Jean-Pierre Raffarin

By the Prime Minister:

The Minister of Equipment, Transport,

Housing, Tourism and the Sea,

Gilles de Robien

The Minister of the Economy,

Finance and Industry,

Francis Mer

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