The Société par Actions Simplifiée (SAS) is a legal status that is proving extremely popular with entrepreneurs. In 2019, 60% of companies created are SAS! Their share was 56% in 2016 and 48% in 2015.
The reason for this success lies in the great flexibility and simplicity of this status. It can be adapted to a wide range of entrepreneurial projects, which is why it is today a preferred status for entrepreneurs and startups.
Let's find out everything you need to know about this popular legal status.
SAS companies are particularly easy to set up, administer and dissolve. This status is distinguished by its great flexibility.
Creating an SAS costs next to nothing! All you need to do is pay the regulatory fees invoiced by the Registry of the Commercial Court Registry. No additional costs are required, with the exception of set-up costs (purchase of fixed assets, equipment, rental of premises, etc.).
Creatingan SAS is particularly quick. Once you've filed your application with the Registrar's Office, it takes around 3 to 4 weeks to obtain your SIRET number. You also need to take into account the time required to drafting the articles of associationfiling the share capital capital with your bank, filling in the Cerfa M0the publication of the legal announcement.
To create your SAS, you need a minimum share capital of €1 and at least two partners.
An SAS is headed by a Chairman, who may be a natural or legal person. As such, it benefits from a solid internal organization and simplified governance.
Collaboration between associates is governed by the company's articles of association, and the possible drafting of an additional shareholders' agreement . However, there is no obligation to draw up a shareholders' agreement. Its purpose is to safeguard relations between associates (conditions of sale of shares, right to information, non-competition obligation, distribution of dividends, etc.).
By default, the SAS is subject to corporate income tax (impôt sur les sociétés), which means that the company pays tax directly on its profits. When dividends are distributed to the individual shareholder, he pays tax personally.
It is possible to opt for income tax (impôt sur le revenu) when the SAS is created (valid for a maximum of 5 years). In this case, shareholders can benefit from the company's earnings throughout the year.
Social security contributions on profits are 8% for managing shareholders and 15.5% for non-managing shareholders. In the event of a deficit, the partnership system allows partners to reduce their tax rate.
SAS directors are considered to be assimilated employees, and are covered by the general Social Security system. They therefore enjoy the same social protection as salaried employees, with the exception of unemployment insurance. SAS partners, on the other hand, do not contribute to any Social Security system, unless they are salaried employees of the company.
Company domiciliation is a particularly useful solution for all entrepreneurs choosing to create an SAS!
You can choose your official address from a wide range of prestigious addresses in the best arrondissements of Paris and the major French cities! Domiciliation companies also offer a wide range of essential services to make life easier for entrepreneurs: daily mail management, switchboard, meeting room rental, administrative and legal assistance, etc.
With SeDomicilier, you can obtain a certificate of domiciliation in less than 5 minutes, in a 100% online process. All your services are then available in a personalized, secure virtual office.
Business domiciliation allows you to focus on the missions with the highest added value: those that drive the growth and success of your project!
Written by our expert Paul LASBARRERES-CANDAU
March 30, 2020
