No legislative text organizes the remuneration of the CEO of a SASU. Its setting is governed by the articles of association or by a separate act. Here are the rules for determine the compensation of head of a SASU : how the to stare ? What is his structure ?
Le CEO of a SASU can exercise its powers free of charge or in exchange for remuneration. There are no regulations governing the methods for determining his compensation. As a corporate officer, he is not subject to the provisions relating to the minimum wage of labor legislation. However, this remuneration has repercussions on his social protection.
The compensation conditions for the president of a SASU are flexible : remuneration fixed, compensation variable or hybrid remuneration is partly fixed and partly variable.
When it is fixed, it is granted to the chairman according to the chosen frequency. Its payment does not depend on the profitability of the SASU. However, it can be modified upwards or downwards, on sole shareholder's decision who should, where appropriate, adapt the statutes of its SASU or write a decision report for the sole shareholder.
If it is variable, it can be proportional to a financial indicator to enthuse the president about the profitability of the SASU. One can for example use the net profit, the operating result, the gross operating surplus, the added value or even the turnover. A change in the indicator will require the same formalities as those described for fixed compensation.
The conditions relating to the chairman's compensation can be detailed in the statutes of the SASU or in a separate document, i.e. a decision report of the sole shareholder. The first option is generally to be avoided since it can lead to binding consequences in the event of a change in the amount or calculation of the remuneration: the articles of association must be modified, with the legal procedures which result therefrom. In the second solution (the most common in practice), the sole shareholder makes an individual decision which he records in a special register. He can then modify the remuneration by establishing a new decision report.
Footnotes : the method of calculating the remuneration of the president of a SASU is not necessarily fixed by the articles of association or by the minutes of the decision of the sole shareholder. One of these documents may provide that a body of the company specially created for this purpose takes care of it (a remuneration committee, for example).
If the president of the SASU is his sole partner, he sets himself a remuneration for his corporate office, as a partner. In this case, there is no specific control, either before or after.
The remuneration of the president of a SASU is, in theory, free. It is however necessary to record it in a written document, either in the statutes of the SASU, or in the minutes of decision of the sole shareholder.
Also check out the articles below that deal with the president of SASU:
