Choosing a legal status is an essential step when creating a business. This is essential for the latter to be able to carry out its activity legally. However, there are a multitude of legal statuses to the point that it is difficult to find one another. Indeed, each has its own particularities. But what legal status should you choose when you want to start transporting packages? This guide helps you choose the most appropriate form of structure for your project.
The legal status corresponds to the legal framework that regulates the activity of the company. Indeed, it determines the taxation, the social regime and the accounting obligations applicable to the structure. Likewise, it influences the rules governing the operation and decision-making process of the company.
Before choosing the legal form of your business, it is worth studying the specificities of the existing ones. Indeed, each status has advantages and disadvantages that will have to be weighed to find the one that best fits your project.
A sole proprietorship is for anyone who wishes to embark on an entrepreneurial project alone. The status of sole proprietorship is appreciated by entrepreneurs because of its simplicity. In fact, to create your business, all you need to do is register it at the Business Formalities Center. This makes it possible to quickly and cheaply launch an activity. However, this form contains a risk that must be taken into account: from a legal point of view, the creator and his company are one person. This means that the personal assets of the manager and that of his profession are linked. The individual entrepreneur is subject to the social security system for the self-employed. He contributes on the basis of his taxable income. From a fiscal point of view, he is liable to income tax.
The EURL is a limited liability company (SARL) with a single partner. This legal form is an interesting alternative for entrepreneurs who want to carry out entrepreneurial activity alone while limiting their liability. Indeed, this status has the major advantage of being able to split the professional and personal assets of the manager. In terms of taxation, the EURL is subject by default To corporate tax. Whereas in terms of social security, the associate manager is affiliated to the social security system. He is then considered a self-employed person (TNS). On the other hand, if management is entrusted to a third party, that third party benefits from the status of assimilated employee.
Composed of at least two partners, SAS is appreciated for its flexibility. This legal status offers a great deal of management freedom by allowing partners to freely define how the company operates. Moreover, it only engages the responsibility of the latter in accordance with their respective capital contributions. In its single-person version, SASU consists of a single partner. It adapts to the needs of a fast-growing business. As it grows, the company can easily welcome new partners and become an SAS. If the SAS or the SASU is by nature subject to corporate tax, its president depends on the general social security system.
With 2 to 100 partners, an SARL is one of the safest legal forms if you want to protect your personal assets. As its name suggests, it limits the liability of partners to the amount of their contributions. On the other hand, its operation is strictly regulated. By default, this structure is subject to corporate tax. Its majority manager is affiliated to the regime for self-employed workers while the others are treated as employees.
To properly choose the legal form of your business, you need to ask yourself some questions.
The number of partners is an important parameter to take into account when choosing the legal form of your business. Indeed, the options available to you will depend on whether you will undertake alone or with several people. If you want to start an entrepreneurial project alone, you have the choice between creating a sole proprietorship, an EURL or a SASU. If you plan to partner with others, you should turn to corporate forms such as SARL, SAS, etc.
The rules of operation of the company depend essentially on the type of structure chosen. In the case of a sole proprietorship, you are the only master on board. You are the one who makes all the decisions. This fully engages your responsibility. On the other hand, if you decide to set up a company, you act on behalf of the company. You must therefore respect a certain formalism in decision-making. In principle, all initiatives affecting the life of the company require the authorization of the partners who meet in a general meeting.
For a variety of reasons, a company can change its legal status at any time. Thus, it is possible to switch from a SAS (SASU) to a SARL (EURL) and vice versa following a growth in activity, the arrival of new partners, a decrease or increase in capital, etc.Obviously, this change is accompanied by administrative formalities. If it is a corporate form, the change in legal status leads to the transformation of society. This approach consists in:
However, in the case of of a sole proprietorship, changing legal status is not possible. As a result, the entrepreneur must then create a new company and transfer the assets of the sole proprietorship to it. Finally, he must declare the company ceasing to be active.
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