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What are the administrative formalities for setting up a business?

The creation of a company is accompanied by numerous administrative procedures. Whether they are carried out through the Business Formalities Center (CFE) or directly, whether they are mandatory or optional, they are essential. But rest assured, in the vast majority of cases, they are also simple and quick. Here is the complete guide to the administrative formalities to be carried out when setting up a business.

The choice of legal status

There are different legal forms. Also, before embarking on the creation of a company, it is essential to make the right choice. To achieve this, it is necessary to take into account the characteristics but also the advantages and disadvantages of each of these forms.

Here are the main legal statuses.

  • Limited Liability Company (SARL)
  • Single-member company with limited liability (EURL)
  • Public limited company (SA)
  • Simplified joint-stock company (SAS)
  • Single-member simplified joint-stock company (SASU)

Each of these statuses is distinguished by:

  • the number of partners,
  • the tax regime,
  • the social regime,
  • the share capital contribution,
  • the responsibility of the partners vis-à-vis the company.

Attention ! You should know that depending on the field of activity, certain procedures are mandatory. Sometimes, it is necessary to justify diplomas, it is the case in the medical and paramedical field. Sometimes, an internship is imposed, as in crafts. Finally, some activities require obtaining licenses such as drinking establishments.

Drafting the company's articles of association

One of the first steps when starting a business is drafting the articles of association. As a reminder, they bring together all the rules for the organization and operation of the company. These statutes must be put in writing and validated by all the partners.

Here is the information in the statutes.

  • The legal form of the company
  • Address of the head office
  • The amount of share capital
  • The contributions of each partner or each shareholder (depending on the legal form)
  • The object that specifies the different activities of the company
  • The life of the company

Professionals who have the experience or the skills can draft the articles of association themselves. Otherwise, it is highly recommended to delegate this task to professionals. The cost of the service varies between 500 and 800 €.

You can very well choose to draft your articles of association yourself, but we recommend that you seek support for this step. Any omission or error could penalize your company and any future modification of the statutes will be invoiced to you.

The domiciliation of the company

Domiciling a company is one of the fastest administrative procedures! Indeed, it suffices to define the registered office. This process is also essential because it is necessary to then proceed with the registration of the company.

The domiciliation can be done at the domicile of the manager but it is impossible to choose the domicile of one of the partners. The domiciliation can be done in a room dedicated to the activity of the company but also with a domiciliation company or a business incubator. The chosen address is public, so you have to think carefully about the direct debit before making it official.

The share capital deposit

Share capital consists of the contributions of a company. There are different types of contributions.

  • Cash (cash),
  • Contributions in kind (goodwill, patents),
  • Contributions in industry (buildings, machinery).

Social capital is a basis for starting a business. The more important it is, the more it will reassure investors and employees. The amount of share capital must be recorded in the company's articles of association.

The minimum amount of share capital depends on the legal status chosen. He is from:

  • €0 for EURLs whose minimum capital is free,
  • €1 for SARLs, SAS and SASU,
  • €37,000 for SAs, whether or not they are listed on the stock exchange.

Part of the share capital must be paid when the company is created and the second in the following 5 years. The proportion is 20% for SARLs and 50% for SAs and SASs.

The share capital is deposited in an establishment domiciled in France. This can be a bank, a notary or the Caisse des dépôts et consignations (CDC). The contribution can be paid by check, bank transfer or in cash. At the time of filing, several documents are to be provided.

Among them are:

  • the applicant's identity document,
  • those of the partners and shareholders of the company,
  • the list of subscribers,
  • the articles of association,
  • the address of the registered office (domiciliation),
  • the address of the legal representative of the company,
  • the deposit request,
  • the regulations,
  • a certificate that provides information on the source of the funds.

Company registration

The registration of your company validates its creation. This is when you receive the Kbis extract. This provides information on the date of creation of the company, the APE code, the company identifier, the SIREN and SIRET numbers). If the company is subject to VAT, an intra-community number is given. The file is sent to the Registry through the Business Formalities Center (CFE).

This folder should include the following.

  • A copy of your identity card
  • A civil status card
  • A non-conviction sworn statement
  • Proof of address
  • Proof of business address
  • A funds deposit certificate

The publication of the legal notice

When creating a company, it is mandatory to publish a legal notice. This process is done after domiciliation and registration. To do this, you must go through a newspaper authorized by prefectural decree. This log must be in the same department as the company.

The legal notice must include the following information.

  • Corporate name
  • Acronym
  • Legal status
  • Amount of share capital
  • Domiciliation address
  • Social object
  • Duration of the company
  • Registry of the court where the company will be registered with the RCS
  • Names and addresses of partners

Other steps

Once the company is created, other steps must be taken. It will be necessary to open a professional bank account and to subscribe to a professional civil liability. Depending on the activity of the company, it is necessary to think about insuring the premises, the equipment, the vehicles... It will also be necessary to take the various steps relating to the hiring of employees such as joining a pension fund or a mutual insurance company. .