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Measures to simplify the creation of a business

Simplified joint stock company (SAS) and simplified one person joint stock company (SASU) are two legal statuses that are increasingly used by business creators. A phenomenon that is set to increase with the recent introduction of new simplification measures provided by the Sapin 2 law. Explanations by Maitre Sarah Garcia, lawyer specializing in VSE / SME company law.

What is the difference between SAS and SASU statutes?

SAS and SASU are two very similar laws. The first involves at least two partners to create a business, and the second – only one person. Unlike SARL, whose legal framework is more stringent, SAS and SASU offer the possibility of changing the charter and facilitating the entry of new investors.

Should these statutes be used when starting a business?

These social forms are suitable for companies such as start-ups and innovative companies. They facilitate the arrival of new investors in the capital and the sale of shares to other persons. On the other hand, for companies such as shops or craft businesses whose social system is unlikely to change over time, SARL remains the preferred status.

They just got an update…

Yes, through the Sapin 2 law, with the implementation of measures from April 28 that directly relate to these two statuses. The flagship measure establishes an exemption from appointment of the auditor’s contributions. To qualify, the in-kind contribution must not exceed EUR 30,000 and the total in-kind contribution must exceed half of the share capital. Previously, regardless of the amount of contributions, it was necessary to call the auditor of contributions to evaluate them and write a report to be submitted to the office of the arbitration court. This exemption simplifies the procedure and saves money.

Another provision also provides greater flexibility in enterprise management.

Yes. Adoption and modification of the provisions of the law on approval in the SAS no longer requires the unanimity of the partners. Thus, they no longer need universal consent to sell shares or shares. A measure that provides even more flexibility.

Source: Le Parisien

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