A SASU is a société par actions simplifiée unipersonnelle, i.e. with a single shareholder.
A particularly popular status, the share of single-member SASs remains in the majority, stabilizing at 37% of companies created in 2018, a record!
The SASU can be used to carry out a wide range of commercial, craft and agricultural activities. Its operation is flexible, and depends on your preferences at the time of its creation.
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The SASU offers great flexibility: the sole shareholder can be an individual or a legal entity, and there is no minimum capital requirement. If capital contributions exceed €30,000, or if they amount to more than half the share capital, an auditor must be appointed.
The sole shareholder of a SASU is free to organize the operation of the company as he or she sees fit in the Articles of Association. The SASU must be managed by a Chairman, who is usually the sole shareholder.
There are several differences between SASU and EURL.
First of all, the social security regime for company directors is not the same: the sole managing partner of a EURL is a self-employed worker, while the chairman of a SASU is treated as an employee.
This has an impact on social charges and the quality of social protection.
EURL profits are taxed directly in the hands of the sole shareholder. SASU profits are taxed in the name of the company.
If you receive dividends, the SASU only has to pay social security contributions at a rate of 15%, compared with a much higher rate for the EURL.
Several costs need to be taken into account:
- Installation preparation course, around €200 ex VAT
- Involvement of a contribution auditor
- Publication of a notice of the creation of your SASU, between €100 and €200 excluding VAT
- Commercial court clerk's fees: €41.50
It takes several monthsto draw up the articles of association, compile the necessary administrative documents (M0 form, deposit of blocked capital in a bank account, etc.) and publish an announcement in a legal gazette.
Once you have submitted your complete application to the commercial court clerk's office, it takes an average of 3-4 weeks before you receive confirmation that your company has been created.
You can choose to be taxed on income or corporation tax. In the first case, profits are taxed in the name of the partner at the progressive income tax rate.
Losses can be offset against the sole shareholder's overall taxable income. In the second case, profits are taxed in the name of the company at the standard corporate income tax rate.
Losses can be offset against future profits. Remuneration received as Chairman is taxable as salary and wages.
In both cases, social charges are calculated on the amount of remuneration only.
The rules governing the remuneration of the Chairman of a SASU are defined in the articles of association when the company is created. He is not obliged to be remunerated.
If the Chairman pays himself a salary, he is subject to income tax on the amount of remuneration he receives in connection with his office.
If the Chairman receives dividends, he will be subject to income tax on the amount of his dividends and the interest earned on his shareholder current account.
The Chairman of a SASU is treated as an employee, and is affiliated to the general social security scheme. If they are not remunerated, they are not affiliated to any social security scheme.
If the Chairman is registered as a jobseeker, he or she may be eligible forassistance in setting up a business.
You can benefit from ACRE and maintain your benefits (ARE).
You can also opt for a lump-sum payment of half your remaining rights. There are also a number of support schemes for business start-ups, in the form of interest-free loans, guarantees and long-term advice.
Although the flexibility of the SASU allows you to carry out a wide range of activities, you need to think carefully about which legal status is best suited to your needs.
Written by our expert Paul LASBARRERES-CANDAU
August 6, 2018