Pausing a SASU offers the opportunity to to cease his activities without however see each other write off of the trade and companies register. However, this status is limited in time and requires the fulfillment of steps. Foundation-company-ricard draws up an exhaustive dossier on the putting an SASU into hibernation which answers the questions:
- Why put a SASU on standby? ?
- How long can the sleep period of a SASU last ?
- How to put an SASU on standby ?
- What are the consequences of putting a SASU on standby? ?
Why temporarily interrupt the SASU?
When'exploitation of the SASU cessation so provisoire, the manager can decide to shut down your company.
This tool, the purpose of which is not to mask a state of cessation of payments, makes it possible to resume activity later without having to create a new company. Without activity, the SASU is thus put into pause temporarily, while retaining its legal personality.
Put a SASU to sleep allows, for example, an entrepreneur to concentrate on other projects while waiting to find customers for his company.
La suspension is distinguished from the liquidation of the SASU which inevitably implies its permanent closure. Here, it is a temporary interruption of the company's activity (without disappearance).
Maximum duration of the sleep period of a SASU
La dormancy period of a Simplified Unipersonal Joint Stock Company must not exceed 2 years from the date of registration of the modifications in the Trade and Companies Register. If this limit is exceeded, it will be necessary to relaunch the company's activity, sell it or decide on a voluntary early dissolution of the SASU.
If this period is exceeded, the clerk of the commercial court will notify the SASU of its plan to automatic cancellation of the RCS. Once this procedure has been completed, the president of the SASU has 6 months to contact the register monitoring judge, otherwise the SASU will be permanently removed from the RCS.
How to put a SASU on standby?
The decision to put a SASU to sleep is in the hands of his legal representative, unless the statutes provide otherwise. Thus, it is at president to make such a decision.
When the president is also the sole shareholder of the SASU, this poses no problem. On the other hand, if the people are different, it is necessary to obtain the agreement of the sole partner.
To put an SASU on standby, it is necessary perform the procedures following, within one month:
- Record the decision in a decision report of the sole shareholder;
- Write a modified registration request form (M2) and sign it;
- Pay the costs of insertion at Bodacc, the emoluments of the registry, the VAT, and the INPI;
- Finally, submit a file to the business formalities center or to the registry of the commercial court.
The legislation does not require to to publish a legal notice. A notice is inserted in the official bulletin of civil and commercial announcements (Bodacc). This makes the temporary suspension of activity enforceable against third parties.
When the file is complete, the court office adds a special mention in the trade and companies register (also visible on theKbis extract of the SASU).
Once the SASU has resumed its activity, it must notify the CFE or the registry on which it depends. A new modification application must be submitted for this purpose.
Consequences of putting a SASU on hold
Tax impacts of the hibernation of a SASU
The hibernation of a SASU prevents it from being subject to the VAT. Therefore, during this period, the company is not no longer obliged to file declarations (CA3 or CA12).
Within the framework of the CFE, the SASU must pay this tax if it operated an activity on 1 January of the tax year. She don't have to pay this contribution if it is dormant on that date.
Regarding theincome tax (corporate tax), the submission of a declaration of results is always required, even if no profit is made.
Accounting impacts of the mothballing of a SASU
From an accounting point of view, the hibernation of a SASU has no notable effects. The company must always keep accounts and prepare annual accounts. If it is considered a micro-SASU, it can make a simplified income statement and balance sheet. This exemption does not apply if operations have modified the structure of the company's balance sheet during the financial year.
Likewise, the president (if he is not a partner) must convene the sole partner in order to approve the financial statements each year.
To read also on the closure of a SASU:
Putting a SASU on hold is a temporary interruption of activity that allows the company to keep its registration while facing reduced administrative obligations. It is subject to legal formalities and cannot last more than two years.
How to put a SASU to sleep?
Answer: The dormancy of a SASU can be requested from the registry of the local commercial court. Then, you will have to complete a P2 form and submit it to the registry, along with the necessary documents.
What documents are needed to put a SASU on hold?
Answer: The documents required to put a SASU on hold are the P2 form, the company's balance sheet and income statement, the minutes of the decisions taken by the partners and the SASU's articles of association.
What are the benefits of putting a SASU on hold?
Answer: Putting a SASU on hold allows the company to temporarily suspend its activities without necessarily closing the company permanently. In addition, it allows the partners to retain their rights to the company and the articles of association.
