The dissolution of a SASU generates many implications. The latter concern several people: the company (in a state of liquidation), the legal representative (generally the president) and the sole shareholder. For it to be enforceable against third parties, it must be published in an appropriate newspaper. Foundation-company-ricard answers the question here: what are the consequences of the dissolution of a SASU ?
There are many causes which can cause the dissolution of a SASU. It produces its legal effects from the date on which:
La liquidation of the one-person simplified joint-stock company is set up as soon as the dissolution is pronounced. However, some cases may be exceptions, such as merger or demerger.
An additional stage, called the "liquidation period", is necessary between the date of dissolution and the date of removal of the legal personality of the SASU. The sole shareholder then makes two essential decisions:
When the SASU cannot satisfy all of its creditors, it may be placed under judicial liquidation. The amicable liquidation of the SASU is thus rendered impossible. The legal personality of the company will be definitively removed when the registry of the commercial court proceeds to the removal of the company from the register of commerce and companies (RCS).
When'sole shareholder decide to dissolve the SASU, the tasks which fell to the president stop. From this moment it is the liquidator who will carry out the missions previously entrusted to the president. The functions of these two persons cannot be combined.
Upon dissolution, the appointment of the liquidator is made in the same act. It is the sole shareholder who decides everything and a specific mention is added in the minutes of the decision to confirm the transfer of functions Of the president.
The liquidator must represent the company in liquidation and report to the sole shareholder. Once the latter has given him discharge for his management and has declared the closing of the liquidation operations, the liquidator's term of office ends.
If the sole proprietor opts for the dissolution of his SASU, he is forced to cease operations. Otherwise, he will have to form a different legal entity, called a de facto partnership, which obeys specific rules.
When the liquidator has the necessary funds to satisfy the creditors of the SASU, the sole shareholder can close the amicable liquidation. If there remains a remainder, he may recover it. It is then a question of share equity and determine a liquidation result (profit or loss). The profit is generally subject to taxation. On the other hand, the loss cannot be the subject of any deduction.
All external person to the company must be informed of the dissolution of such a structure.
The legislation first requires the publication ofSASU closing legal announcements in a newspaper specially authorized to distribute them (JAL). The broadcast of the first announcement must occur when the sole partner dissolves his company. The second occurs when he pronounces the liquidation.
Then, the dissolved SASU must mention, in all its documents, the mention "company in liquidation" after mentioning its corporate name.
The liquidation of the company is opposable to third parties only from the date of publication in the trade and companies register (RCS).
The dissolution of a SASU has consequences on the very existence of the company, on the mandate of its president, on the participation of the sole shareholder and on third parties.
Answer: A SASU (Société par Actions Simplifiée Unipersonnelle) is a form of company suitable for small businesses and individual entrepreneurs.
Answer: When a SASU is dissolved, the company's assets are transformed into liquid assets and distributed to shareholders. The Manager is responsible for the management of the assets and will have to discharge all remaining debts and obligations.
Answer: The effects of the dissolution of a SASU can be very varied. Shareholders may receive distributions from the company's liquid assets, or the manager may be required to pay outstanding debts and obligations. Dissolution may also entail tax consequences and liabilities for the manager.
