Question 8422 — woods and forests

Summary

The difficulties faced by managers of forestry groups of small owners in fulfilling their obligations in terms of legal publicity are an obstacle to their operation. The rules for registration in the trade and company register require them to declare for each modification of the statutes or distribution of their members, all the elements of identity and contact details of these, supporting documents to be support. In practice, the sometimes high number of members and the frequency of the various mutations which affect them (deaths, inheritances, sales, shares or donations, etc.) make it particularly complicated to fulfill the reporting obligations in the trade and companies register and to obtain a K bis extract, in the absence of updating the list of members. This may result in a blockage of the functioning of the group. A reform of the texts relating to forestry groups has been envisaged for several years to simplify the rules of legal publication applicable to forestry groups and find a solution to this type of difficulty, beyond the simple and necessary recommendation made to group managers to improve their management through rigorous and continuous monitoring in conjunction with each member of their structures. However the principles applicable to forestry groups depend not only on the forest code but also on the civil code (article 1842 in particular), the commercial code (article L. 123-1 5 o in particular) and the general tax code (article 238 ter). This is why it is complicated to define the form of a simplifying measure which would be an exception to the general rules without calling into question their homogeneity. A mission is underway at this subject, at the request of the Ministry of Agriculture and Food, by the General Council for Food, Agriculture and Rural Areas. The possible solutions it will propose will have to be the subject of an interministerial examination in order to find a rapid solution to this complex problem.

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