Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister of Employment, Labour and Social Cohesion,
Given the code of construction and housing;
Given the code of town planning ;
In view of the trade code;
Given the new code of civil procedure, in particular Articles 667 to 669;
Given the code of public health, in particular Article L. 6148-7;
In view of Act No. 95-115 of 4 February 1995 amended policy for the development and development of the territory, in particular its Article 42;
In view of Act No. 96-987 of 14 November 1996 on the implementation of the recovery pact for The city, in particular Article 1;
Having regard to Act No. 99-533 of 25 June 1999 on the spatial planning and sustainable development of the territory, in particular Article 27 thereof;
In view of Act No. 2000-321 of 12 April 2000 on the rights of Citizens in their relations with administrations, in particular Articles 21, 22 and 24;
In view of the financial law for 2002 (n ° 2001-1275 of 28 December 2001), in particular Article 116;
In view of Act No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal, in particular Article 51;
Vu Decree No. 67-236 of 23 March 1967, as amended on commercial companies;
Given the amended Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
Given Decree No. 97-1198 of 19 December 1997 Amended to apply to the Minister of Equipment, Transportation and Housing 1 ° of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
In view of the opinion of the Conseil supérieur des habitation à rent Moderate en date of 12 November 2003;
The Council of State (Public Works Section) heard;
The Council of Ministers heard,
Describes:
Section R. 422-2-1 of the same code is modified as follows:
I. The first two paragraphs are written:
" In each limited-rent housing corporation, the three shareholders who represent the tenants have in the general meetings a number of votes determined in accordance with the provisions of VII of section R. 422-1-1 and sit on the board. To the board or monitor.
" These renters' representatives are elected for four years under the following conditions: "
II. -The 3 ° to 5 ° are replaced by the 3 ° to 7 ° thus written:
" 3 ° No later than two months before the date of the election, a circular letter from the company providing all relevant information on the date of the elections, the electoral procedure and the requirements of the candidates shall be carried out by means of the Knowledge of persons mentioned at 1 °.
" The lists of candidates, submitted by associations fulfilling the conditions laid down in Article L. 422-2-1, 3 ° each, have six names. They must reach the corporation no later than six weeks before the date of the election. At least one month before the latter date, the company shall bring these lists to the knowledge of the persons mentioned in 1 °. Any dispute relating to the registration of such lists shall be submitted to the trial judge, who shall act under the conditions laid down in the Electoral Code. At least eight days before the date of the election, the company shall send to the persons mentioned in the 1 ° the ballots corresponding to each of the lists of candidates with, possibly, for each of them, the indication of its affiliation.
" 4 ° The practical arrangements for the election shall be adopted by the Administrative or Supervisory Board. Voting takes place between November 15 and December 15.
" The vote is secret. It takes place either by correspondence or by the deposit of ballot papers in a ballot box, or at the same time by the two methods, by the list voting in a tower with proportional representation at the most remains, without cancellation or paneling.
" The counting of the votes shall take place at the headquarters of the company. It shall be carried out, in the presence of at least one representative from each list of candidates, by an office comprising the President-in-Office of the Management Board or Supervisory Board and a member of the Board of Directors or Supervisory Board shall not Not the tenants or, where the election takes place during the period of provisional administration of the company, the provisional administrator and a person designated for that purpose by the prefect of the head office of the company. The results are displayed immediately in all the buildings of the company. A record of the result of the vote shall be given to each representative of the lists in attendance, as well as to the prefect of the head office of the
. The seats on each list according to the result of the vote are allocated in the order of the names appearing on the list. The other persons on the list shall succeed, in the order in which they are registered, to representatives who cease their duties before the expiry of the normal period of their term of office. The duties of the new renters' representative shall expire on the date of the normal termination of the representative's replacement. If the list is exhausted, a by-election is not made.
" Claims against electoral transactions shall be brought before the Court of Instance of the place of the registered office of the company within 15 days after the count. The court shall decide within three months from the date of registration of the complaint at the Registry. The decision shall be notified within eight days simultaneously to all the parties concerned and addressed to their actual domicile, by registered letter with acknowledgement of receipt, without prejudice to the right of the parties to have this decision served by means of Usher. If the court orders the production of evidence, it shall act definitively within one month of that decision
5 ° Representatives of lessees who hold at least one share participate in the general meetings and sit on the board of directors or supervisors. The elected representative of the lessees who does not hold any shares shall be offered one by the reference shareholder or one of the shareholders who make it up for the price of ten euro cents within eight days of the declaration of the result Elections or, in the case of the replacement of a representative of the tenants ceasing his or her duties during the term of office, within eight days of the termination of office. In the absence of acceptance of this offer by the person concerned within 15 days, the company shall refer the situation to the prefect of the department of his seat. The prefect declared the representative of the tenants to resign, after having put him in a position to submit his observations within the 15-day period. It shall be immediately replaced under the conditions set at 4 °.
" 6 ° In the event of incapacity for more than three months and after having informed the chairman of the board of directors or supervisory board, a representative of the tenants may be replaced, during the period of the prevention and for one year At most by a person on the same list. If the replacement is not already a shareholder, it will temporarily assign an action for the duration of the replacement. The substitute shall speak at the general meetings and sit on the board of directors or supervisory board for the duration of the prevention.
" 7 ° The loss of the quality of the tenant or shareholder shall terminate the duties of the representative of the tenants, who shall be immediately replaced in the conditions fixed at 4 °. "
The last four paragraphs of Article R. 422-4 of the Code are replaced by the following:
" The prefect of the department of the head office of an anonymous company of moderate rent may authorise this company in particular to enable him to intervene as a service provider of mixed economy companies in all operations Of the planning provided for in Article L. 300-1 of the urban planning code. "
The second paragraph of Article R. 422-16 of the same code is deleted.
After Article R. 422-16 of the same code, a R. * 422-16-1 is inserted as follows:
" Art. R. * 422-16-1. -Where, in accordance with the second paragraph of Article L. 422-2-1 or the second paragraph of Article 51 V of the Act n ° 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal an anonymous company Moderate-rent housing solicits the renewal of the licence, the decision is made by the Minister responsible for housing after the advice of the Board of Governors for Moderate Rent
. Failure by the company to have received notification of the ministerial decision within three months of receipt by the Minister of the application is deemed to be renewed.
" An order of the Minister responsible for housing determines the contents of the application for renewal of the licence. "
The first paragraph of Article R. 423-74 of the Code is replaced by the following:
" Moderate-rent housing corporations deposit their funds with the Consolidated Revenue Fund, the Caisse des Deposits et Consignations, the Banque de France, La Poste or with a credit institution that has obtained a licence under the provisions Applicable in the Member States of the European Community or other States Parties to the Agreement on the European Economic
. They can also make deposits on an open-term account under the same conditions or on a first booklet of the National Savings Bank or savings and foresight funds. "
Article R. 423-75 of the same code, the words: " Treasury bills or assimilated values and annuities on the state or securities guaranteed by the state " Are replaced by the words: " Securities issued or guaranteed by the Member States of the European Community or the other States party to the Agreement on the European Economic Area, or of shares or shares of undertakings for collective investment in transferable securities exclusively Securities issued or guaranteed by the Member States of the European Community or other States Parties to the agreement on the European Economic Area, denominated in euro ".
Article R. 423-78 of the same code is thus modified:
I.-In the first paragraph, the words: " Article 157 of the Law of 24 July 1966 " Are replaced by the words: " Article L. 225-100 of the Commercial Code ".
II. -Added a paragraph as follows:
" In the event of a postponement of the general meeting, the decision to grant an additional time limit shall be transmitted under the same conditions. "
The last paragraph of Article R. 481-6 of the Code is replaced by the following:
" The representatives of the tenants shall be elected for four years under the conditions laid down in 3 ° and 4 ° of Article R. 422-2-1, subject to the following provisions. Each list includes a number of candidates double the number of seats to be filled. Representatives of tenants shall serve on the Board of Directors as of the proclamation of the result of the elections
In the event of incapacity for more than three months and after having informed the President of the Board of Directors, a representative of the tenants may be replaced, during the period of the prevention and for a period of one year to the Plus, by a person on the same list. The loss of the quality of the tenant puts an end to the duties of the tenants' representative, which is immediately replaced under the conditions laid down in Article R. 422-2-1. "
The annex to Article R. 422-1 of the same code is thus amended:
I.-The model clause 1 (Form) is worded as follows:
" 1. Shape
" It is composed, between the owners of the shares created hereafter and of all those who are subsequently created, an anonymous company of low-rent housing governed by the laws and regulations in force, in particular by the provisions of Book IV The code of construction and housing, as well as the non-contrary provisions of the Civil Code, the Commercial Code and Decree No. 67-236 of 23 March 1967 on commercial companies. "
II. -Model clause 3 (Social object) reads as follows:
" 3. Social object
" The object is:
" 1. With a view mainly to renting, constructing, acquiring, improving, developing, cleaning up, repairing and managing, under the conditions laid down in books III and IV of the code of construction and housing, collective dwellings Or individual with their gardens, appurtenances or annexes and, possibly, when these units form a set, common purpose space or facilities necessary for the economic and social life of this whole;
" 2. Manage buildings owned by other housing organizations with moderate rent;
" 3. To manage buildings for primary use belonging to the State, to a territorial community or to a group of local authorities, to a society of mixed economy for the construction and management of social housing, to Non-profit organisations, to the recognised association referred to in Article 116 of the Finance Law for 2002 (No 2001-1275 of 28 December 2001) or to real estate civil companies whose shares are held at least 99 % by that association ;
" 4. To carry out social support tasks for the populations housed in the heritage which it manages or, as a service provider, for the populations housed in the heritage managed by other social housing organisations ;
" 5. To carry out on its behalf or on behalf of third parties, with the agreement of the community or public institutions concerned, all land interventions, actions or development operations, including subdivisions, provided for by the Code of town planning and the code of construction and housing, without the provisions of Article L. 443-14 of the latter code applicable to transfers of buildings rendered necessary by these achievements;
" 6. In addition to its rental activity, to carry out or acquire and improve housing for sale to natural persons as principal residences, or where a satisfactory supply of such accommodation is not provided in An islet, neighbourhood or municipality, or at the request of the territorial community in the context of an action or operation to develop or implement the objectives of urban renewal and social mix provided for in the contracts City. These units are intended for natural persons whose resources do not exceed the ceilings laid down pursuant to Article R. 443-34 of the Construction and Housing Code. The selling prices of these buildings respect the maxima fixed under the same article;
" 7. To assist, as a service provider, natural persons and cooperative construction companies or civil societies for the construction of buildings for residential use or for professional use, and Housing for accedents whose resources do not exceed the ceilings laid down pursuant to Article R. 443-34 of the code of construction and housing;
" 8. To construct, acquire, carry out work, manage buildings for residential use or for professional and residential use for rental purposes;
" 9. To carry out, on behalf of associations or organisations recognised in the field of social housing, the provision of services for operations or actions which promote social inclusion of persons and urban and social mix Cities and neighbourhoods;
" 10. To carry out, on behalf of other organizations, low-rent housing units for the provision of services for missions in the social object and the territorial competence of those organizations and of society;
" 11. To acquire hotels, whether furnished or not, intended for temporary accommodation of persons in difficulty and to lease them to organizations approved by the prefect of the location department of these hotels;
" 12. To intervene as a service provider of mixed economy companies for the conduct of development operations, after having been specially approved under the conditions of Article R. 422-4 of the code of construction and housing;
" 13. With the agreement of the mayor of the municipality of settlement and that of the prefect given under the conditions laid down in Article R. 442-23 of the code of construction and housing, to manage, as administrator of property, housing situated in Co-properties experiencing significant operating difficulties or being a trustee of these coproperties;
" 14. In co-properties mentioned in 13 above, which are the subject of a safeguard plan pursuant to article L. 615-1 of the code of construction and housing, acquire lots for resale, carry out all works and rent them Temporarily. The provisions of Article R. 421-4 of the same Code shall apply to the conditions for the resale and rental of such lots;
" 15. To undertake social leisure accommodation under the conditions laid down in Articles L. 421-1, R. 421-4 (6 °) and R. 421-4-1 of the code of construction and housing;
" 16. To be entrusted by convention with the implementation of an urban restructuring operation which may include any operations or actions or any facilities or equipment which may promote an urban social development policy such as As defined in Article 1 of Act No. 96-987 of 14 November 1996 on the implementation of the relaunch pact for the city. The Convention may include vocational and social integration measures in favour of the inhabitants of large groups or areas of degraded habitat referred to in Article 42 of Act No. 95-115 of 4 February 1995 Land development and development;
" 17. Leasehold vacant dwellings to sublease them to natural persons under the conditions laid down in Articles L. 444-1 et seq. Of the code of construction and housing;
" 18. To carry out, for sale, under the conditions laid down in Articles L. 261-1 to L. 261-22 of the code of construction and housing, to the recognised association referred to in Article 116 of the Finance Act 2002 (No 2001-1275 of 28 December 2001) or real estate civil companies whose shares are owned by at least 99 % by that association, of residential units for rental purposes;
" 19. To participate, in accordance with Article L. 424-2 of the Code of Construction and Housing, in social development actions of direct interest to inhabitants of social housing districts, within the framework of city contracts Concluded pursuant to Article 27 of Act No. 99-533 of 25 June 1999 for the development and sustainable development of the territory;
" 20. To carry out operations for the design, construction, maintenance or maintenance of hospital or medico-social equipment for the purposes of a public health establishment under the conditions laid down in Article L. 6148-7 of the Health Code Public;
" 21. To provide services on behalf of the recognised association referred to in Article 116 of the Finance Law for 2002 (No 2001-1275 of 28 December 2001) or civil real estate companies whose shares are held at least 99 % By this association;
" 22. To be a condominium in the case provided for in article L. 443-15 of the code of construction and housing;
" 23. To carry out all operations for which the anonymous companies of low-rent dwellings are or will be entitled by the relevant legislation. "
III. -In the standard clause 4 (Territorial competence. -Head Office), note (1) under the first paragraph is deleted.
IV. -In the model clause 5 (Composition and modification of social capital), the words: Of ..... F " Are replaced by the words: " De ..... euros ".
V.-The standard clause 6 (Assignment of shares) reads as follows:
" 6. Assignment of actions
" 1. The transfer price of the shares shall not exceed that set out in accordance with Article L. 423-4 of the Construction and Housing Code, unless otherwise provided for in the conditions set out in that Article;
" 2. Each community of communes with more than 50 000 inhabitants comprising at least one commune of more than 15 000 inhabitants, urban community, community of agglomeration, union of new agglomeration, department or region in whose territory or In which the company has housing or residential units, where it is not a shareholder of the company, is entitled to acquire an action of the reference shareholder. The acquisition is at the symbolic price of ten euro cents.
" The assignment shall be granted by the reference shareholder or any of the shareholders constituting within 15 days of the request made by the public institution, the department or the region to the Chairman of the Board of Directors or of the Company monitoring board;
" 3. A representative of the lessees who is not a shareholder acquires a share of the reference shareholder. Within eight days of the declaration of the result of the elections or the termination of the duties of the representative of the tenants to which he succeeds, the acquisition of such action shall be proposed to him at the nominal price of ten cents Euro by the reference shareholder or one of the shareholders who make it;
" 4. Except in the case of assignment mentioned in 2 or 3, as well as in the case of succession, liquidation of community of property between spouses, or assignment either to a spouse, either to a ascendant or to a descendant, the transfer of shares to a non-shareholder Of the company, in any capacity, must be authorized by the (supervisory) board (1) who is not required to make known the reasons for its approval or refusal.
" The refusal of authorisation may result either from an express decision or from a failure to reply within three months of the date of receipt of the
. In the event of refusal of approval, (the Management Board) (the Executive Board) (1) shall, within three months of its refusal, be required to procure the shares either by a shareholder or by one or more persons whom he or she will have himself Designated or approved. In this case, the price may not be lower than that of the unauthorized transfer. If, at the expiration of the aforementioned period, the purchase is not made, the authorisation shall be deemed to be given, unless that period is extended by a court decision at the request of the company;
" 5. Any shareholder mentioned in the 4 ° of the I of Article L. 422-2-1 of the code of construction and housing who intends to assign all or part of his shares may request their redemption at a price which he proposes and which is at most equal to that resulting from The application of Article L. 423-4 of the same code by the reference shareholder or one of the shareholders who constitute it. The latter, if the shares are not acquired by another shareholder or by one or more persons designated by him or her, is required to acquire the shares themselves within three months of receipt of the request
" In the absence of an amicable agreement on the price of the shares at the end of the three-month period referred to in the preceding paragraph, the judge shall fix the price and declare the transfer of ownership if necessary.
VI. -Model clause 7 (Board of Directors) reads as follows:
(Version applicable to companies with a Board of Directors) (1):
" 7. Board of Directors
" The Company shall be governed by a Board of Directors, under the conditions set out in Subsection 1 of Section 2 of Chapter V of Title II of Book II of the Code of Commerce. The Board of Directors shall comprise three directors appointed on the proposal of the public institutions and local authorities referred to in 2 ° of the I of Article L. 422-2-1 of the Construction and Housing Code. The three shareholders representing the tenants and elected by the tenants under the conditions set out in the 3 ° of the I of the same article are directors. "
(Version applicable to companies with supervisory board and management board) (1):
" 7. Supervisory Board and Executive Board
" The company shall be governed by a supervisory board and a management board, under the conditions laid down in sub-section 2 of Section 2 of Chapter V of Title II of Book II of the Code of Commerce. The Supervisory Board shall consist of three members appointed on the proposal of the public institutions and local authorities referred to in Article L. 422-2-1 of the Construction and Housing Code. The three shareholders representing the tenants and elected by the tenants under the conditions set out at 3 ° I of the same article are members of the supervisory board.
VII. -The Model Clause 8 (Status of Directors and Supervisory Board Members) reads as follows:
" 8. Situation of
administrators and monitoring board members
" The terms of reference of the members of the board of directors or of the supervisory board shall be exercised free of charge under the conditions laid down in Article R. 421-56 of the code of construction and housing. The same shall apply to the functions of general management or delegated general management exercised by the chairman of the board of directors or by any director. "
VIII. -Model clause 9 (Expression of votes in the Assemblies) reads as follows:
" 9. Participation in meetings and distribution of votes
" In general meetings of the company, the total number of votes available to shareholders is equal to ten times the number of shares of the company, either voice (1).
" A shareholder shall have in the general meetings a number of votes determined in accordance with section R. 422-1-1 of the Construction and Housing
. Subject to the last paragraph of III of this Article, the number of votes allocated to the category of communities of communes of more than 50 000 inhabitants comprising at least one commune of more than 15 000 inhabitants, urban communities, communities Agglomeration, new agglomeration trade unions, departments and regions in whose territory the company has housing and housing-households and which do not have the quality of a reference shareholder, shall be fixed at ... (2).
" On the same reserve, the number of votes allocated to the category of renters' representatives shall be fixed at (2).
" The right to participate in a general meeting is subject to the registration of the shareholder in the registered securities accounts held by the company no later than five days before the date of this meeting.
IX. -The standard clause 11 (Documents transmitted to the administration) is replaced by a standard clause 11 (Advances) worded as follows:
" 11. Advances
" The company may make advances to a low-cost housing corporation only if it holds at least 5 % of the capital and after having been authorized by the Minister responsible for the economy and the minister responsible for housing. These advances shall be paid without the rate applied to exceed the interest rate paid to the holder of a first savings account, plus 1.5 percentage points. "
X. -In the model clause 12 (Result of the exercise), the words: Article 346 of the Law of 24 July 1966 referred to above " Are replaced by the words: " Article L. 232-11 of the Commercial Code ".
XI. -In the model clause 15 (Attribution Commission), the words: Article L. 441-1-1 " Are replaced by the words: " Article L. 441-2 " And the words: " Article R. 441-18 " Are replaced by the words: " R. 441-9 ".
XII. -Model clause 16 (Representation of tenants) reads as follows:
" 16. Tenant Representation
" The representation of tenants in general meetings and the (administrative) board (supervision) (1) of the company shall be ensured under the conditions laid down in Articles L. 422-2-1, R. 422-1-1 and R. 422-2-1 of the Construction and Construction Code. The home.
XIII. -Added a model clause 17 (Shareholder's pact) worded as follows:
" 17. Shareholder Pact
" Any shareholder agreement having the effect of constituting the reference shareholder within the meaning of Article L. 422-2-1 of the code of construction and housing shall, from its conclusion, be communicated by the legal representative of the company to each Shareholders and the prefect of the region in which the latter has its seat. The same is true of the riders to this pact.
" The shareholders and prefect shall be informed in the same form of the breakdown of the pact and of any change in the composition of the capital having an effect on the reference shareholder. "
You can view the table in OJ
No 153 of 03/07/2004 text number 23
II. -In B of Title II, the 6 of the list of measures taken by the minister responsible for housing under the code of construction and housing is replaced by the following provisions:
You can view the table in OJ
No 153 of 03/07/2004 text number 23
Provisions of this Decree may be amended by decree in the Council of State, with the exception of the provisions of clause 11 set out in the Annex to Article R. 422-1 and Articles R. 422-15, paragraph 1, R. 422-16 and R. * 422-16-1 of the Code Construction and housing, which will be amended under the conditions laid down in Article 2 of Decree No. 97-34 of 15 January 1997 referred to above.
Done at Paris, July 1, 2004.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Jean-Pierre Raffarin
Minister of Employment, Labour
and Social Cohesion,
Jean-Louis Borloo
The Minister of the Public Service
and state reform,
Renaud Dutreil
Housing Secretary,
Marc-Philippe Daubresse