Le contribution in industry constitutes the last type of contribution authorized by the legislation in SASU. Relatively rare in practice, it is a question, for the sole shareholder, of making available to his company his knowledge particular techniques, know-how or benefits various. This practice remains supervised. Foundation-company-ricard presents an exhaustive report on the contributions in industry in SASU.
Attributes of an industrial contribution in a SASU
A contribution in industry has properties specific to it and distinguishes it from the other two forms of contribution; to know :
- THEcash contribution : the sole partner contributes a sum of money in euros
- THEcontribution in kind : the sole shareholder contributes movable or immovable property, tangible or not
Concretely, a contribution to industry results in a supply of know-how, the realization of a service or the accomplishment of specific tasks.
As opposed to others contributions, contribution to industry does not contribute to the constitution of share capital of a SASU. This means that the amount resulting from the assessment of the contribution will not be added to that of the capital. However, this still gives the right to the allocation of shares, but these are not exchangeable, transferable or transferable.
In SASU, the contribution in industry is rather rare. It can be interesting when the sole partner plans to bring in new partners and therefore switch to a simplified joint stock company (SAS).
Standards for the assessment of industry contributions in SASU
Un contribution to industry must be valued. This delicate step involvesassign a value to a good without physical substance.
Several methods are available to evaluate a contribution in industry in SASU: the evaluation by comparison, the evaluation by equivalence… If the contribution is a work or a service, the emission of a request for estimate can be used as justification.
The statutes of the SASU must specify a number of conditions related to contributions to industry (subscription and distribution conditions); and especially :
- La nature details of the contribution in kind,
- La period for which the sole shareholder consents to the contribution,
- Le number of actions which he receives in return,
- The right et responsibilities linked to the possession of these shares,
- The possible existence of prohibitions (non-competition clause),
- Le time limit at the end of which the actions resulting from the contributions in industry must be estimated according to the same criteria as those that apply to assess a contribution in kind (the law has abolished this obligation since July 21, 2020).
Unless otherwise provided in the articles of association, the contributing partner in industry is deemed to benefit from the same rights and responsibilities for losses as the partner having made the smallest contribution in kind or in cash (this rule is assessed in the context of an SAS which has several partners).
Duties of the contributor in industry with regard to the SASU
Obviously, the sole partner who provides an industrial service to his SASU must respect the terms of commitment. Moreover, he must observe the deadline predefined by the statutes.
In addition, he must abstain to practice a activity who could compete.
Finally, he must not personally receive the profits that could result from the exercise of the activity he has contributed to the industry.
If the sole shareholder can no longer respect the terms of the commitment, his contribution will be canceled.
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