Would you like to set up a simplified joint stock company (Société par Actions Simplifiée - SAS), but aren't sure what steps to take? Anytime will explain everything and help you set up your business 💥
1. Drafting bylaws 📝
The first step is to draw up the articles of association for your future SAS.
It must include a number of compulsory items such as :
- Corporate purpose
- Head office
- Share capital
- Company name
- Legal form
- Company lifetime
- The identity of the founding partners or signatories of the articles of association
- Contributions in kind and their valuation
- The number of shares
- The form of shares
- The rights of each partner
- etc.
In addition, the Chairman of the SAS and his powers must be mentioned in the Articles of Association. These articles must then be signed by all shareholders.
Do you have to draw up a partnership agreement? 👥
The shareholders' agreement is a document that supplements the company's Articles of Association, and establishes the rules governing the company's operations and the structure of relations between shareholders.
2. Capital deposit 💰
There is no legal minimum capital requirement, but this amount should not be overlooked, as it will demonstrate the credibility and health of your company, and make it easier to obtain loans from banks.
You can contribute to this share capital via :
- cash contributions (cash inflow, debt conversion) 💸
- contributions in kind (real estate, patents, machinery, etc.) 🤖
These contributions must be deposited in a specific account (blocked until the Kbis certificate is obtained), and it is on the basis of these that the voting rights and weight of each shareholder will be defined.
Note: a contribution auditor must be appointed if :
- Contributions in kind have a value of more than €30,000
- All contributions in kind represent more than half of the share capital
3. Publication in a legal gazette 🗞
You must publish an announcement in a legal gazette, notifying the public of the creation of your SAS and the identity of the shareholders.
There are around ten in France, and you need to choose a JAL authorized in the département where your company's head office is located. For a SAS, the cost of publication is €197 (€236 for Reunion and Mayotte).
Upon publication, the newspaper will issue you with a certificate of publication (needed to prove publication and for other purposes).
4. Registration with the Centre de Formalités des Entreprises 🏢
You need to submit your complete business file to the Centre de Formalités des Entreprises. This costs between €30 and €70.
It must contain :
- A copy of the by-laws, dated and signed
- A completed and signed M0 form (available at www.cfe.urssaf.fr)
- A certificate of deposit
- A copy of the contribution auditor's report (if required)
- Declaration of beneficial owners
- Proof of registered office
- A copy of each executive's identity papers
- A sworn statement that the directors have not been convicted of an offence and that they are related to the company.
- Proof of address for the new company (depending on the case: lease management or management mandate / purchase or contribution of a business, etc.).
- A copy of the publication certificate
- A cheque made payable to the Commercial Court for the cost of formalities (the amount varies depending on the case: creation of an SAS company with creation of funds, without activity, with purchase of funds, etc.).
- etc.
What happens next? 🤔
When your file is complete and validated, you will receive a few days later :
- your Kbis extract (your company's "identity card")
- A notice containing SIREN and SIRET numbers and an APE code from INSEE
- A letter from the company's tax authorities stating the tax option chosen and the intra-Community VAT number.
→ Congratulations, your company is thus created! 🚀
💡 Please note: the Kbis is valid for 3 months, so you can go to Infogreffe.fr to request that it be sent to you whenever you like (by e-mail or post).
Do all these procedures seem complicated? Anytime can help! Our partners will take care of drafting your articles of association, making the necessary declarations and certifications so that you can obtain your Kbis and set up your SAS quickly 💥
