You have surely heard of the simplified joint -stock company (SAS). It is indeed one of the forms of society most popular with entrepreneurs.
But why? What is it concretely? We explain to you.
What is SAS?
You want Create a airlock ? Congratulations ! But let’s first see what it really is.
SAS is a legal form particularly popular with entrepreneurs. And for good reason: it offers great freedom in its functioning. Unlike the public limited company (SA), it cannot call on public savings and is therefore not listed on the stock market.
One of its main assets is its flexibility. The partners themselves define the company’s management rules in the statutes. This flexibility applies as well during the creation as for changes or dissolution.
Another peculiarity of SAS is that partners have actions (and not shares as in a LLC).
To know : It is possible to transform a SAS into SARL (and vice versa) if you want a stricter frame between partners (or a more flexible frame if you go from a SARL to a SAS). You can also go from a micro-enterprise to a SAS if your activity evolves.
Finally, note that if you create your SAS alone, it will be a SASU (Simplified UNIERSONAL Simplified Joint Company). It works like a airlock, but with a single associate. You can easily switch to SAS if you want new partners to join you.
Who is the SAS for?
SAS is aimed at a wide profile of entrepreneurs. It is an ideal legal form if you are looking for freedom to organize the operation of your company. The statutes can be written to measure, with few rules imposed by law. The only constraint to respect is that of the appointment of a president.
It is also a good option if you want to start with others. The SAS allows a flexible distribution of powers between the partners and allows you to choose the mode of governance (president alone or collegial direction).
This status is also popular with startups or growing companies. For what ? Because it facilitates the entry of investors: the sale of shares is much simpler than in a LLC (where approval is often compulsory).
Another advantage: the leader of a SAS is affiliated with the general social security scheme. It therefore benefits from protection close to that of employees (excluding unemployment insurance). This is a key point if you are holding a full social security cover.
In addition, SAS can exercise almost any commercial, craft, liberal or agricultural activity, provided that it is lawful. Conversely, certain forms such as the SCI are reserved for real estate management.
Note: The minimum share capital is set at € 1, but 50 % of the amount must be released from the creation. The rest can be in 5 years.
Finally, note that the SAS is subject by default to corporate tax (IS). It is therefore the company that pays tax on its profits. Associates are only taxed in the event of remuneration or dividend payment.
However, it is possible to opt for income tax (IR) during the first 5 years. In this case, it is the partners who pay the tax on their share of profit, according to their participation in the capital.
Now that you know whether or not the SAS is for you, let’s see the different stages of its creation.
What are the stages of creating a SAS?
Creating a SAS goes through several essential stages. Here are the 6 main steps to follow to launch your company in the rules.
1ʳᵉ Step: Define your project
First of all, take the time to lay down the basics of your project. What will your activity be? Are you going to undertake alone or with associates? What financial means do you have? Responding to these questions will allow you to clarify your objectives and verify that the SAS is the most suitable structure for your project.
2ᵉ Step: Choose your head office
The choice of the head office is a compulsory step. You have several options to domicile your airlock:
- at your personal home;
- in a commercial premises;
- with a domiciliation company.
The important thing is that you can receive your mail there regularly and that the president of the SAS is easily reachable.
3ᵉ Step: Write the statutes
The statutes are the operating base of your company. They set the rules of your airlock: distribution of powers, decision -making conditions, methods of entry and exit of partners, etc. It is therefore important to write them carefully.
Note : You can write the statutes yourself or call on an online legal platform, like Legalstart, if you wish to be accompanied. More than 750,000 entrepreneurs have already gone through them to simplify their business creation. Why not?
4ᵉ Step: Place the share capital
The share capital corresponds to the contributions of the partners. It can be symbolic (1 € minimum), but greater capital can inspire more confidence. Indeed, for banks and other potential investors, a company is synonymous with stability and this means that you will be potentially more able to reimburse them!
The deposit must be made on a professional bank account. A deposit certificate will be given to you: this document is essential to register your airlock.
To know : With Legalstart, you put your capital online in a few clicks and get your certificate within 24 hours. No need to make an appointment in the bank: you open a professional account at the same time, with all its advantages (cards, transfers, mobile app, etc.). Result: your airlock is registered faster, without headache.
5ᵉ Step: Publish the legal announcement
The creation of a SAS must be made public via a legal announcement in an authorized newspaper. This formality is paid (count around 200 €) and must mention certain key information: name of the company, capital amount, address of the registered office, identity of the president, etc.
6ᵉ Step: Registration
Last step: registration in the Trade and Companies Register (RCS). You will have to send a file, either via the one -stop shop, or via a legal platform like Legalstart, including:
- the statutes signed;
- the list of subscribers;
- the non-Condamnation declaration;
- an identity document;
- Proof of registered office
- the capital deposit certificate;
- proof of publication of the legal announcement;
- the declaration of effective beneficiaries.
Once the file has been validated, your SAS receives a SIREN number (business identification system) and can officially launch its activity.
Note : By going through an online legal platform like Legalstart to register your airlock, you do not take the risk of getting lost in administrative procedures and making mistakes that could delay the creation of your SAS.
Financial aid to create your airlock.
Creating a SAS sometimes requires a certain budget, especially if you plan to invest in a room, equipment or communication. Fortunately, there are several devices to lighten this charge at start -up.
ACRE: an exemption from social charges.
If you are a job seeker, a young entrepreneur or in another eligible situation, you can benefit from ACRE (aid for the creation or resumption of a business). This aid allows partial exemption from social contributions during the first year of activity.
Arce or the maintenance of ARE: two options for job seekers.
If you touch the unemployment allowance (ARE), you have two possibilities.
The first is to opt for ARCE (aid for resumption or business creation): you receive part of your remaining rights in the form of capital, paid in two times. This allows you to have immediate liquidity to finance your airlock.
The other option is to keep your allowances while you develop your activity. This solution can reassure if you need financial security during the first months.
Be careful however, ARE and Arce cannot be combined. On the other hand, if you have perceived the Arce and this aid is finished, you can send a new ARE request.
Other forms of funding.
It is also possible to call on an honor loan, that is to say a zero rate loan granted by certain support networks such as initiative France or Network Entreprendre. This type of financing, often without personal guarantee, can help you then obtain a bank loan more easily.
For project leaders who do not have access to classic credit, microcredits also exist, in particular via ADIE (Association for the right to economic initiative).
Additional aid according to your profile or location.
Depending on your region or profile, other aids can be added. Some local authorities offer specific subsidies, tax exemptions or reinforced support. There are also devices designed to encourage female entrepreneurship, such as women’s equality guarantee, which facilitates access to bank credit.
Competitions and scholarships for innovative projects.
Finally, if your project is innovation, you can try your luck in competitions or apply for dedicated scholarships, such as the French Tech scholarship or the I-LAB competition. These devices can provide significant financial support, in addition to great visibility.
You now know the essentials on the creation of a SAS! So, are you ready?
