Company Executives

The majority manager of an SARL or the sole proprietor is self-employed (TNS): lower contributions but less social protection. The president of an SAS or the minority manager of an SARL is salaried-equivalent: higher contributions but better cover (pension, contingency cover). The choice depends on life plans and remuneration strategy.

It is a tax scheme allowing, under conditions (a collective holding commitment of 2 years then an individual one of 4 years), a 75% allowance on the value of the shares transferred by gift or succession. A powerful tool for transferring a business while minimising duties.

Several levers: choice of the matrimonial regime (separation of property, participation in acquisitions), declaration of unseizability or EIRL (now obsolete), creation of an asset-holding company, dismemberment of ownership, use of life insurance, fiducie (trust). An asset strategy is built with a lawyer and a wealth management adviser.

Strongly recommended. By default, spouses are subject to the regime of community reduced to acquisitions: a business created during the marriage enters the community and may be divided in the event of divorce. Separation of property protects the business. Participation in acquisitions offers a compromise.

Anticipate 5 to 10 years in advance. The tools: gift-partition (with or without a Dutreil pact), contribution-then-sale (article 150-0 B ter), family LBO, life insurance. You must also structure governance to avoid conflicts between heirs (SAS with tailored articles of association, shareholders' agreement).