Opinion × In Extenso Avocats ×
How can capital gains deferral and reinvestment in boutique or traditional hotels be efficiently reconciled in France?
How can capital gains deferral and reinvestment in boutique or traditional hotels be efficiently reconciled in France? — By Christopher Boinet, Anne Epinat

In Extenso Avocats · 17 Dec

The recent Covid crisis has highlighted the resilience of the hotel sector in France. An investment in a hotel (as in a boutique hotel) should also be regarded by investors as a “pleasure asset”. When benefiting from the French favourable tax reinvestment regime, what should investors be looking at if they wish to make the switch to hospitality?

Opinion
Airbnb & France: Recent decisions of the French Supreme Court put a sharp brake on Parisian short-term rental activity
Airbnb & France: Recent decisions of the French Supreme Court put a sharp brake on Parisian short-term rental activity — By Anne Epinat, Christopher Boinet

In Extenso Avocats · 1 Mar

On behalf of owners, Airbnb rents out furnished apartments to short stay, non-resident transient visitors. These rents are subject to the regulation of the City of Paris and this regulation has long stated that the activity of short-term furnished rentals to transient visitors, in return for payment, may not be carried out in premises used for residential purposes, pursuant to the French Construction and Housing Code. This same regulation requires owners to request prior permission for a change of use, pursuant to Articles L.631-7 and L.631-7-1 of the French Construction and Housing Code.

Opinion
The five keys to successfully negotiating an off-plan hotel lease, for hotel owners
The five keys to successfully negotiating an off-plan hotel lease, for hotel owners — By Christopher Boinet, Anne Epinat, Julien Guittet

In Extenso Avocats · 24 Feb

More than ever, off-plan hotel leases[1] are making headlines in the leisure real estate industry. Stemming from real estate law professional practices, off-plan hotel leases reconcile the legal and financial interests of three distinct actors: the developer (seller), the investor (owner) and the operator (tenant).

Opinion
Never buy a hotel without a good representations and warranties agreement
Never buy a hotel without a good representations and warranties agreement — By Christopher Boinet, Anne Epinat, François Gérard Mondi

In Extenso Avocats · 24 Nov

With an asset and liability guarantee agreement (Garantie d'actif et de passif, or GAP, under French law), the buyer obtains a contractual warranty for ensuring that the price it is paying matches the value of the company being sold. A post-sale tax adjustment or industrial tribunal proceedings in favour of an employee? A GAP agreement covers disputes prior to the sale, if these disputes were undeclared or if insufficient provisions were made for them.

Opinion
The Tough Negotiation Surrounding Guarantees In Off-Plan Hotel Lease Agreements*
The Tough Negotiation Surrounding Guarantees In Off-Plan Hotel Lease Agreements* — By Christopher Boinet, Anne Epinat, Philippe Gauguier

In Extenso Avocats, a subsidiary of the DELOITTE Group · 14 Feb

Off-plan hotel leases are often complex and lengthy contracts to negotiate. The parties involved generally engage in several rounds of negotiations, and both the owner and tenant must bitterly debate the guarantees imposed by the former, whose financial stakes are high.

Opinion