Choice of corporate form
Advice on the choice between SAS, SASU, SARL, SCI, SC, depending on the activity, the number of shareholders, the director's social security regime, the targeted tax treatment and the development prospects.
→ Corporate · Sub-expertise
The formation of a company is the legal foundation of your project: the choice of form, the drafting of the articles of association and the structuring of governance determine your future flexibility. We support you in the informed choice of structure (SAS, SASU, SCI, SARL, SC) and in the drafting of bespoke articles of association, tailored to your development strategy.
→ What we cover
Advice on the choice between SAS, SASU, SARL, SCI, SC, depending on the activity, the number of shareholders, the director's social security regime, the targeted tax treatment and the development prospects.
Customized articles incorporating the governance clauses (president, chief executive officer, committee), the decision-making rules (majorities, vetoes), the transfers of shares (approval, pre-emption) and the tax treatment.
Simultaneous setting up of a shareholders' agreement for companies with several shareholders: lock-up undertaking, extended governance, exit clauses, non-competition.
Structuring of the contributions (cash, in kind, in skills), valuation, immediate or staggered paying-up, intervention of a contributions auditor where necessary.
Deposit of the capital, publication of the formation notice, filing with the registry via the INPI one-stop shop, obtaining of the company registration extract (Kbis) and the SIREN number.
Registration with the social security bodies, declaration to the tax authorities (VAT, corporate income tax), opening of a professional bank account, setting up of the mandatory registers.
→ Our approach
01
Initial discussion to understand your activity, your shareholders, your financial and wealth-planning objectives, and to decide on the most suitable corporate form.
02
Drafting of the customized articles of association and, where applicable, the shareholders' agreement. Collective validation before signing.
03
Deposit of the capital, signing of the articles, completion of the registration formalities, follow-up with the registry.
04
Receipt of the company registration extract (Kbis), setting up of the mandatory registers, support on the first corporate decisions and day-to-day governance.
→ Who we help
Articles tailored to an SAS with flexible governance (president + strategic committee), clauses anticipating the arrival of investors (pre-emption, approval, vetoes), coordination with a founders' agreement.
Fast formation of an SASU for a solo project, with simple but scalable articles (preparation for the arrival of a shareholder, possible transfer to a holding company).
Formation of an income-tax SCI to hold a family real estate asset, with governance between parents and children, possible dismemberment of the shares to optimize the transmission.
Formation of a holding company (SAS or SC) to hold a director's shareholdings, optimize the tax treatment (parent-subsidiary regime) and prepare the wealth transmission.
→ Q&A
The SAS offers the greatest flexibility (governance, transfers, share classes) and is favored for projects intended to evolve. The SARL is more rigid but structured and suited to more traditional projects. The SCI is dedicated to holding real estate and is civil in nature. The choice depends on the activity, the number of shareholders and the objectives.
For most forms (SAS, SARL, SCI), there is no legal minimum: EUR 1 is theoretically sufficient. In practice, a capital suited to the activity (commonly EUR 5k to 50k) gives the company credibility with banks, suppliers and partners.
From 1 to 3 weeks in practice: 2 to 5 days to draft the articles, 2 to 3 days to deposit the capital and publish the notice, and 5 to 10 days for processing by the registry. An urgent formation can be completed in less than a week.
Yes, for contributions in kind exceeding a certain threshold (subject to a collective waiver in some forms). The contributions auditor draws up a report on the value of the contributed assets. For cash contributions, no intervention is required.
→ Go further
Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.
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