SAS shareholders can contribute to the company through three forms of contribution, including industry contributions. These contributions consist of providing the company with work, know-how or specific knowledge, but they are subject to rules defined by legislation. Foundation-company-ricard accompanies you in this file dedicated to contributions to industry in SAS.
SAS shareholders can contribute to the company through three forms of contribution, including industry contributions. These contributions consist of providing the company with specific work, know-how or knowledge, but they must comply with certain rules established by the regulations. Foundation-company-ricard supports you in this file dedicated to contributions to industry in SAS.
What is a contribution in industry in an SAS?
A contribution to industry is a non-financial contribution. For a partner, this involves providing the SAS of skills to specific knowledge, to carry out a particular work or to perform a particular service.
Industry input is different from:
- THEcash contribution (contribution of a sum of money),
- And of thecontribution in kind (contribution of movable or immovable property).
A contribution in industry is not taken into account to calculate the capital of a company. It is said that he does not enter into the constitution of the share capital. Consequently, and even if it must be evaluated, its amount will not artificially increase the capital of the SAS. In exchange for his contribution, the contributing partner in industry receives inalienable, non-transferable and imprescriptible shares.
The contribution in industry is frequently found in the SAS.
The principles for estimating an industry contribution in SAS
The SAS whose contributions from the partners include at least one contribution to industry must carry out their Evaluation. The value of an intangible and non-monetary asset must be estimated, which can be complicated.
A number of rules must be respected and the work documented correctly. It is possible to set a value by comparison with similar operations or by requesting a quote.
The SAS statutes must specify the conditions related to the contribution in industry: description of the contribution, number of securities, rights and obligations, evaluation period, etc.
If nothing is specifically provided for, the partner who has made a contribution in industry enjoys the same advantages and obligations as the one who has made the smallest contribution in cash or in kind.
What are the commitments of an industrial provider vis-à-vis SAS?
All those who have made contributions in industry must perform the agreed services and provide them for the entire duration provided for. In addition, they are required not to harm society and refrain from engaging in competitive activity. Finally, they cannot personally collect the profits from the activity brought to the company.