When establishing a simplified joint stock company (SAS), shareholders have the right to make three different contributions. Two of them (including the cash contributions) will contribute to creating the social capital of the company. Foundation-company-ricard gives a full review of the monetary contributions in SAS.
What is a cash contribution for an SAS?
Making a cash contribution to an SAS means providing it with amount of money. It is up to the founding partners to decide how much the company will receive.
Cash contributions are used to form social capital. They are therefore taken into account for the calculation of the capital of the SAS (unlike contributions in industry for example).
The recognition of the cash contribution is made through a financial asset (usually a bank account or postal account).
In exchange for their contributions, the partners receive a certain number of SAS titles. The characteristics of these shares are defined in the statutes of the society.
How to release the capital of an SAS made up of cash contributions?
The partners of a SAS have the choice between several possibilities for release the cash contributions that they provided. They can :
- Immediately pay the full amount due to the company (a full release),
- Or pay a share (1/2) then the rest (1/2) within 5 years following the registration of the company (partial release).
In the event of partial release, two essential rules must be taken into account:
- The company will not be able to benefit from the reduced corporate tax rate of 15%,
- Interest resulting from the remuneration of current account contributions provided by the partners will not be tax deductible.
Is it necessary to place the contributions in cash on an account blocked with the identity of the SAS?
Before signing the SAS statutes, associates must provide the funds they have pledged. Within 8 days of their receipt, the company must invest the sums on dedicated account opened in the name of company in creation. Opening can be done:
- With a notary,
- At a bank,
- Within an investment firm,
- Or at the deposit and consignment fund.
The custodian of the funds then draws up a certificate of payment. He will simply certify that he has received a sum of money and does not carry out any other verification. The deposit must, moreover, be the subject of a specific mention in the statutes of the SAS.
How to release the funds paid in cash to the capital of the SAS?
After being deposited in an account dedicated to the creation of the company, the resources are jellies and can only be released from theregistration of SAS in the Trade and Companies Register (RCS).
The company has moreover 6 months to perform his declaration. Beyond this period, each partner may request reimbursement of his contribution.
To unlock funds contributed in cash, the representative of the SAS must provide the custodian of the funds with theKbis extract of the society.
Is it possible to obtain tax relief for cash contributions from partners?
Partners who make cash contributions to certain SAS (subject to meeting certain criteria) can benefit from a tax reduction. This device is called “tax reduction for cash subscriptions to the capital of unlisted small and medium-sized enterprises (SMEs).
