Le leader is the legal representative of the one-person simplified joint-stock company (SASU). It is required to carry out designation from the creation of the SASU. In some cases, it may be modified. Here is an article stating how to appoint the president of a SASU.
SASU administrator selection procedure
A SASU is a form of single-share company, the powers of which are transferred to thesole shareholder. It is therefore up to him to make the decisions and to select the president of the SASU.
La selection of a president may be carried out by a natural or legal person, associated or not with the company, but when the sole shareholder is a legal person, a legal representative must be appointed by the presiding company.
La designation of the president of a SASU must be done during the creation of the company, through its articles of incorporation. During social life, it can be replaced, under certain conditions.
Designation of the figure of president during the creation of a SASU
During steps to form a SASU, the sole shareholder must take the time to choose the president who will represent the company. This is a mandatory step to establish the statutes of the SASU.
In this case, a clause in the articles of association expressly designates the president of the company. The latter must then interact with the act of creation and indicate his acceptance of these functions.
As a general rule, this method is then abandoned because any change of president requires revising the statutes (a more administratively complicated and costly procedure). Here is an example sentence:
Item number [number] – Appointment of the president
[Last name and first name of the sole shareholder], the sole shareholder, is the chairman of the company for an unlimited period.
Or, if the chairman is someone other than the sole shareholder :
The presidency of the company is held by [Chairman's first and last name] inhabitant [President's full address] [Chairman's first and last name], participating in the present statutes, declares to accept the functions which are allocated to him. The duties of Chairman are exercised for a term [unlimited or “X” years].
Also take into account that you must mention the extent of the powers of the president of the SASU in one of the clauses (they may, in fact, be limited or be subject to obtaining prior permission from the sole shareholder). Finally, it is recommended to also address the conditions of remuneration of the president of the SASU.
Replacement of the president during the life of the SASU
During its lifetime, the company can adjust its bodies and the sole shareholder can, under certain conditions, carry out a replacement of the president of his SASU. The steps to be taken will depend on the method used to appoint the chair originally:
- in the event of statutory designation : it is necessary that alter the statutes of the SASU ;
- in case of appointment in separate writing : the sole shareholder must establish a new minutes of the sole shareholder's decisions.
As with all other companies, when a change is made at the level of social representatives, many steps must be taken:
- publication of a legal announcement of replacement of the president in a newspaper covering the department where the SASU's head office is located,
- sending a file to the registry of the commercial court or to the business formalities center so that the Kbis extract can be modified.
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In connection with the theme of creating a SASU:
- What procedure to register a SASU ?
- What is the content of the legal announcement to create a SASU ?
- How to set up a SASU ?
- What are the costs to be expected to create a SASU ?
During the constitution of a SASU, a president must be appointed on a mandatory basis. It is chosen by the sole shareholder, directly in the articles of association or in a separate document. Later and under certain conditions, this position may be occupied by another person.
