EI, EIRL, SARL, EURL, SAS, SASU, SA… in the enchanted universe of acronyms, the future entrepreneur finds himself caught in a whirlwind when choosing his status. But make no mistake about it, only two major corporate “families” coexist: the sole proprietorship (IE) and the corporation.
This choice between an EI or a company will have fiscal, social, entrepreneurial and development implications. To guide your choice, your profile can guide you. “Someone close to retirement and who will quickly want to validate his quarters will rather turn to individual business,” says Erwan Cavanagh, advisor in the BGE support network. A creator receiving unemployment benefits to help return to work (ARE) will rather have an interest in opting for a company to delay the time when he pays himself a salary. “
A self-employed person is a sole proprietorship
IS is the statute that seems the simplest. No articles of association to draft, no share capital to block, no complex accounting, no double tax declaration, remuneration is immediate… It is the choice of 75 to 80% of business creators each year . It is important to specify that micro-entrepreneurs (ex-autoentrepreneur) are individual businesses!
But beware, here, the company and the entrepreneur are one. Company assets and personnel are combined. Also, it is advisable to be vigilant with the protection of the inheritance and, possibly, with the choice of the matrimonial regime. Since 2011, it is possible to declare the elusive main residence before a notary. The Independents Plan currently under discussion in parliament should extend this provision to all individual businesses.
However, the sole proprietorship does not correspond to all solos. “When I created my marketing agency, Capsule Conseil, I knew above all what status I didn’t want: autoentrepreneur,” says Christine Langlois. Because I had to exceed the authorized turnover ceilings. I was also worried about being equated with a consultant and not an agency. The entrepreneur has therefore chosen a middle path: the company with a single shareholder.
The in-between of a single shareholder company
The companies (SARL, SAS, SA…) are essential when one creates with several. But SARL (limited liability company) and SAS (simplified joint stock company) can also have only one partner. They are then called EURL and SASU: U for one-person.
In a company, the company has a legal personality, a registered office and equity capital which may be limited to one euro. The partners are responsible within the limit of their contributions. Thus, the personal assets of business creators are protected. Creating a company, even one-person, is also a flexible and scalable option.
Raphaël Brochard, creator of PicNic (connected mobile kiosks) was convinced by this evolutionary aspect. “Creating with two friends, a company was needed. SAS allowed us to adapt our statutes to what we wanted in terms of management. Above all, this will allow us to welcome investors. We are also considering integrating the concept of impact business. This opens up prospects for us: working with NGOs, integrating specialized funds. “
Build your project before choosing your status
Between SARL and SAS, the choice may not be obvious. It is based on differences in the social and fiscal regime of the manager (s). Also on a greater freedom of drafting the statutes for the SAS which is today the statute retained by two-thirds of the creators in society. As for the Société anonyme (SA), it concerns larger companies. It requires at least two shareholders for unlisted SAs and a capital of at least 37,000 euros. Despite its complex operation, its asset is a good image among investors.
When it’s time to choose, have someone accompany you… without pressure. “A poorly adapted statute will generally only generate losses in terms of contributions and taxation,” says Erwan Cavanagh. The entrepreneur must focus on his idea, his market. You can rectify a statute, not a flawed business model. ”While there is no ideal formula, there are on the other hand bad choices, such as… to choose too early! “In addition to the social, fiscal and legal parameters,” says Erwan Cavanagh, “it is only after having built a project that we will determine which status will be the most suitable. “