Developing a little to medium operating entity: comprehend the diverse company structures obtainable...
With an EURL, the business is wholly owned by a single individual and managed as a limited liability single shareholder corporation. The gérant or managing director/company secretary - has sole legal responsibility for operating in the company. It is not crucial that this particular person be the business owner. It may be an individual operating on a non-salaried basis as gérant non rémunéréé. Get more info about créer une eurl
In the case of a SARL, the business should have a minimum of two and maximum of one hundred partners.
In each the EURL and SARL the company might be established with any volume of capital from €1. The owner or owners' liability is limited to the level of their capital investment.
APCE have more details on EURL (in French)
APCE have additional info on SARL (in French)
Setup process
Initially recognize when the activities in the intended company are regulated and in that case, verify the qualifications and specifications for a licence and liability insurance.
For a complete list of regulated professions plus the process needed to register: Go to APCE and choose the profession from the alphabet tabs (in French)
At this point go to the acceptable local CFE office and request the application forms and instructions on needed documents.
Create and adopt the statuts
The decision of statuts (articles of incorporation) can have legal and tax implications. Guidance can be sought from an accountant or notaire. At this point a managing director (gérant) needs to be named.
4 dated and signed copies of your statutes have to be lodged with all the Impôts des Entreprises (SIE) inside one month of your date of signatures. This can be done through the CFE.
APCE possess a sample document delivering statutes for an EURL (in French)
APCE also possess a sample document giving statutes for a SARL (in French)
Establish a business address (domicile). This could be:
the business manager's home address if they may be a home owner
a leased residential address (if agreed by the landlord)
a rented "address" from a business which delivers this service (société de domiciliation or even a pépinière d'entreprise)
A certificate of domicile might be needed.
Publish a notice of company formation in an appropriate publication (legal gazette).
APCE have an instance from the text (in French)
Submitting the application towards the CFE
The CFE can offer the complete list of documents required, acceptable to the activities of the company becoming formed. However it'll consist of the following:
Two copies of your statutes
A copy from the gazette or the letter submitting facts for the gazette
Certificate of domicile with the company
Named manager's proof of identity
After submitted, the business is officially open. The CFE troubles a receipt (récépissé de dépôt de dossier de création d'entreprise) stating that the business is awaiting registration (en attente d'immatriculation). In some cases a unique INSEE number may very well be issued.
Preparations for trading might commence with applications for installation of electricity, telephone and opening a company bank account. Also registration using the pensions organisation, company insurance and employee social security.
Note that the complex nature in the statutes plus the legal and fiscal implications implies that the help and guidance of an accountant or lawyer is very recommended. You will discover various organisations which specialise in setting up EURLs and SARLs in France.
Tax and accounting
This really is complicated as well as the guidance of a professional corporate accountant or tax lawyer is advised both ahead of the setup process and through the running of the company.
The company ought to submit books annually.
The earnings of a SARL are going to be assessed for income tax by way of the system of corporate taxation. There is also the facility for any "family business" (SARL de famille), where owners can elect to become taxed by means of private income tax.
