In general, anyone can become a shareholder by simplified joint stock company (SAS). However, some rules must be known and respected. Foundation-company-ricard presents the requirements to respect to be a shareholder in an SAS.
An SAS is made up of natural or legal persons
The physical persons (individuals) and the Moral people (companies) can be associated with a simplified joint stock company (SAS). An SAS can, for example, be one of the partners of another SAS.
Who can be associated with an SAS?
La partner status is possible for:
- People of nationality French,
- Residents of theEuropean Union,
- The foreign to France and the EU with a resident card or a temporary residence card.
Non-nationals must complete a special declaration to become an associate.
The shareholder of an SAS has no restriction in terms of accumulation
Individuals and companies already associated in a simplified joint stock company can also become members of other companies, even if they are SAS. No measure limits the accumulation of participations.
This freedom can be useful when it is proposed, for example, to divide various activities carried out by a large company from a group.
There is no limitation imposed on the partners of an SAS
French law does not provide no restriction or incompatibility to become a partner of an SAS. It is therefore possible for an adult declared "incapable" to have the status of partner, as well as for an unemancipated minor.
However, specific rules must be applied in these situations. In the case of a minor, it will be his legal representative who will subscribe the shares of the SAS and make the capital contributions. For adults declared incapable, it will be the tutor or the curator who will take care of it. In addition, any approach leading to the conclusion of contracts by protected persons must comply with the specific authorized procedure.
Non-existent SAS partner status for the spouse
The provisions of the SARL do not apply: thus, if one of the spouses contributes property in common, he alone will obtain the status of associate and does not have to inform or seek permission from her spouse, unless their marriage contract provides for it.
As a result, the joint of the investor is not recognized as an associate for the share of shares purchased by commons.
Finally, it is important to note that even if only one spouse is associated, the shares of the SAS are considered common property and must be distributed between the two spouses in the event of dissolution of the community.
Do you want to create an SAS? Use our partner service: I create online!
To read also on the subject of the creation of an SAS:
