Extending a SASU: what is it and how to do it?
The statutes of a SASU they have a limited time. It cannot be maintained forever. At the end of this period, the sole shareholder must take a decision concerning the renewal. This is called the extension of a SASU.
What are the effects of the extension of a SASU?
La SASU is a commercial company designed for a limited period. This duration is stipulated in its statutes. It is generally measured in years. The law offers several alternatives, such as a specific date or a specific event.
When the end of the duration is near and there remains at least a year,sole partner must make a decision concerning his SASU. He must therefore decide renew its duration by carrying out a prorogation, to refuse it or to do nothing (which has serious consequences).
What is the process for extending the period of a SASU?
When a sole shareholder decides to extend his SASU, he must grant additional time. The duration shall not exceed 99 years. THE statutes of the company must be modified to take these changes into account and administrative procedures are required. There is no new creation (or new company), the existing legal entity is maintained.
The decision to extend requires the publication of a "sole shareholder's decision report". This writing must be filed with the tax department of the companies concerned (this has been free since 2020). A legal announcement must be published, an M2 form completed, a file completed and a modified application for registration sent to the commercial court.
Effects of a SASU extension refusal
When the sole partner does not wish to extend the SASU, it is dissolved at the expiry of the deadline. This means that she will soon officially pass out. The dissolution of a SASU results in its rapid liquidation.
When his financial situation is good, the sole shareholder can follow a amicable procedure. This one is much less complicated and costs less than a judicial liquidation. For this, the SASU must be able to repay all its debts.
A transitory interval then opens: it is the dissolution phase of the SASU. During this period, the liquidator must sell the remaining assets and discharge the liabilities. After having done his work, he must draw up the final liquidation accounts and have them approved by the sole shareholder.
La finalization of liquidation produces a result, which can be a Cute or a small. This ends with an operation of “distribution of equity” in favor of the sole shareholder. He recovers his initial contributions or a different amount (more or less important) following the tax impact.
Dissolve and put an SASU into liquidation requires carrying out many steps legal: drafting of two minutes, publication of two legal announcements, constitution and filing of two files at the registry of the commercial court, etc.
What are the impacts if the sole manager takes no action?
The end of the lifespan of a SASU entails automatically sa liquidation. This means that if the leader does nothing, the company is still dissolved. But, the dissolution not having been announced to third parties (because no legal announcement was broadcast), it is not opposable to them. The company therefore finds itself in a risky position. It runs the risk, among other things, of being automatically struck off.
However, since 2020, the Law offers a “chance” to latecomers. The only manager who finds himself in this situation has a period of one year after the expiry of his SASU to request a authorization au president of the commercial court in order to rule later on the extension of his company.
Additional information about the SASU
