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If you have
several assiociates, you mainly have the choice between : |
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A "Société à Responsabilité Limitée"
(SARL) : Limited Company |
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The best adapted to
small and medium-sized businesses. |
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Minimum of 2 partners -
50 maximum (natural person or legal entity). |
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Same rules as for the
EURL, except for adaptations made necessary by the presence of
several associates. |
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A "Société Anonyme" (SA) :
Joint-stock Company |
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Suitable for large
projects. Minimum 7 shareholders - no maximum number (natural
person or legal entity). |
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Minimum capital : 37
000 euro, at least half of the capital must be paid when forming
the company, the rest within 5 years. The capital may be
comprised of contributions in cash or in kind. Contributions in
kind must necessarily be contributions assessor appointed by the
Commercial Court. |
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The company is run by a Board of
Managers including from 3 to 18 members (who must be
shareholders). The Chairman of the Board of Managers is
appointed by the Board from among its members. A General Manager
may be appointed (optional). |
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The shareholders are
responsible for debts up to the amount of their contributions.
The responsibility of the board member(s) is, on the other hand,
much more consequential. For example, it may be extended to
include their personal property if they have managed the company
badly. |
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Mandatory appointment
of a statutory auditor. |
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A "Société par Actions
Simplifiée" (SAS) : Company Limited by shares |
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Suitable for
large-scale projects. 1 or more partners (natural or legal
persons) |
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Minimum capital : 37
000 euros at least half this capital must be paid up at the
moment of setting up the company, and the rest within 5 years.
The capital may be subscribed in cash contributions and/or
contributions in kind. |
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It is prohibited to go
public. |
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The partners are free
to determine the organisational rules of the company according
to the company's articles. Their only obligation is to name a
president. |
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The way in which
collective decisions are adopted is also determined freely by
the partners according to the company's articles. That said, it
is obligatory to take certain decisions collectively (approval
of the accounts, changes to the share capital, etc.). |
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The shareholders are
only liable for debts up to the amount of their investment. The
liability of the director(s) is, however, much heavier. For
example, it may extend to their personal effects if they have
managed the company incompetently. |
- The nomination of an
auditor is compulsory.
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