Entreprise individuelle, SAS, EURL , SA , SARL … So many choices of corporate statutes an which the entrepreneur must make their choice at the time of the company launch, here are Five company statutes under the microscope
A delicate time when the characteristics of each of the company statutes may not be not precisely known. To find one more easily we have compared five statutes.
Here are Five company statutes under the microscope :
|Number of shareholders||None||One person||2 minimum and up to 100 maximum||One or several shareholders.||7 shareholders, no maximum.|
|Capital||No notion of capital.||The amount is not fixed. 20% of funds to pay at creation, the rest in the next five years.||The amount is not fixed. 20% of funds to pay at creation, the rest in the next five years.||Freely fixed.||37,000€ minimum.|
|Direction||The creator.||The CEO / Owner, who can be the sole partner or a third party.||The CEO or CEOs, partners or third parties designated by the partners.||The partners. The only obligation is to nominate a president, who may or not be a shareholder.||The board of directors from 3 to 18 members.|
|Decision Making||The creator.||The CEO, their powers are limited if they are not the sole partner.||The CEO for the everyday management. The Annual General Meeting (AGM) for certain important decisions.||The partner or partners.||The Managing Director takes care of everyday running / management. The AGM approves the accounts and decisions.|
|Owner / CEO responsibility.||Responsible for debts on personal property unless:
A declaration of exemption from seizure has been made before a notary to protect their land and property.
EIRL choice of regime.
|Limited to the financial contributions at creation, except for civil and criminal liability for mismanagement||Limited to the financial contributions at creation, except for civil and criminal liability for mismanagement||Limited to the financial contributions for the partners and shareholders.||Limited to the financial contributions except in the case of mismanagement|
|Fiscal regime||Income tax, except if the choice of regime of the IERL which allows, under certain conditions the option of paying company tax.||Income tax, in the BIC (bénéfices industriels et commerciaux) or BNC (Bénéfices Non Commerciaux) The option is possible for paying company tax.||Company tax, the option of paying income tax under certain conditions for an SARL that is less than 5 years old.||Company tax, the option of paying income tax under certain conditions for an SAS that is less than 5 years old.||Company tax, the option of paying income tax under certain conditions for an SA that is less than 5 years old.|
|CEO / Owner remuneration||Not deductable from profits, except if the choice of paying company tax was taken in the case of an EIRL.||Not deductable from profits, except if the choice of paying company tax was taken or the CEO is a third party.||Deductable from profits.||Deductable from profits.||Deductable from profits.|
|CEO / Owner Social regime||Self-employed||If the CEO is the sole partner, self employed regime. If the CEO is a third party, they are considered as an employee of the company.||Self employed, if they are the managing director. Salaried if they are the equal or minority director.||The CEO is considered as an employee of the company.||The president and the managing director are considered as employees of the company but excluded from unemployment benefits.|
|Comments||Attractive by its simplicity, but be careful to protect personal assets.||Allows the creation of a company as a sole self-employed person, whilst being able to reap the advantages of the status of a company.||All purpose statute adapted to numerous business projects, but imposes a certain rigor of operation.||Allows a lot of flexibility. A legal form that is appreciated by investers.||Reserved for companies with high potential, which targets the stock exchange or trading abroad.|
The French government site for this information.