The co-founders of a SARL, SAS, EURL or SASU must complete several steps to set up their trading company. This openness is legally established during registration in the commercial and company registers.
This guide informs you key steps to follow to create a commercial company of the SARL, SAS, EURL or SASU type.
The founding partners have to accomplish many process to establish their commercial enterprise (SARL and EURL, SAS and SASU, SA, SNC, etc.). This opening is officially validated by the registration of the legal person in the trade and companies register.
This guide provides you with the chronological steps essential to open a commercial enterprise belonging to the SARL, SAS, EURL or SASU category.
The co-founders of a SARL, SAS, EURL or SASU must follow several steps to set up their commercial enterprise. This openness is legally established during registration in the commercial and company registers.
This guide shows you the essential movements to be carried out to set up a commercial enterprise such as SARL, SAS, EURL or SASU.
La drafting of legal statutes is the most fundamental step in starting a business. The legal form and content of the company's articles of association are established by law. Find all the essential advice and information in these sections:
When there are several shareholders, it is best to hire a professional (accountant, lawyer or notary) to draft the articles of association. Relationship management between associates is very important.
Le share capital of a commercial enterprise may consist of cash and/or in-kind contributions. Specific steps must be taken for each type of contribution.
We remind you that no minimum amount is required in terms of share capital, except for SAs which must have a minimum share capital of 37 euros.
In the case of cash contribution (money paid), the founders must deposit the part immediately released upon creation of the company.
Le deposit of funds must be made within 8 days of receipt from a bank, the deposit and consignment fund or a notary. A certificate of deposit of funds, which must be provided to the business formalities center when filing the application for registration, is given to the depositor.
At the time of creation, a partial release of cash contributions is possible. A minimum payment is however required, equal to:
If a partial release is made, the payment of the rest must take place within 5 years.
When the founding partners carry out in-kind contributions (i.e. they contribute goods other than money) to the capital of the company, theintervention of a commissioner responsible for evaluating the contributions is necessary. This professional will produce a report, a copy of which must be provided to the business formalities center when submitting the application for registration.
However, the founding partners can unanimously decide not to appoint contribution auditor when the following two conditions are met:
In this case, they will themselves assess the contributions in kind made and will be jointly and severally liable for 5 years for the values assigned to third parties.
Once the steps related to the contributions are completed, the founding partners can complete and initial the company's articles of association.
Persons who have been named directly in the articles of association must also sign them. In addition, their signature must be preceded by the following statement: “Good for acceptance of the functions of (as the case may be: “manager”, “president”, “general manager”…)”.
A final, signed version of the articles of association must be sent to the business formalities body when the application for registration is registered.
When administrators of the trading company are not not explicitly mentioned in the statutes, they must be chosen by the partners as soon as possible after the signing of the statutes.
In this context, a document must be written. A copy of the latter must be sent to the business formalities center when registering the application for registration. Here are the applicable instructions for each type of company:
Certain steps are mandatory to register a company. A legal notice concerning the incorporation of the company must be published in a newspaper authorized to publish legal announcements in the department where the registered office of the company is located.
Here is the information to include in this notice:
A certificate of publication of the notice of incorporation of the company must be sent to the business formalities center when filing the application for registration.
To open a business, the founding partners must complete a declaration of incorporation (more commonly known as "form M0"). It will be necessary to include some details on the structure to come.
The form to use depends on the legal form of the firm:
You can find information on the making of this document here: Complete the M0 form.
It is necessary to present the application for registration of the company to the business formalities center of the Chamber of Commerce and Industry corresponding to the company. In the case of a private practice company, the business formalities center of the commercial court registry is in charge.
The file to be submitted includes the declaration of incorporation (form M0) and the necessary supporting documents. The list of documents to be provided depends on the type of company. Here are the files that detail the documents to be submitted according to each type of company:
You can also manage the steps to apply for registration of the company online, via the website Guichet-entreprises.fr
