When you're thinking of setting up a companyyou usually think of success, margins and profits. However, preparing for your entrepreneurial adventure also means considering the risk of losses. In this respect, the flexibility of the SASstatus, and the fact that losses are limited to the partners' contributions, makes this legal form a wise choice.
A société par actions simplifiées (SAS) is a partnership with considerable organizational freedom. The partners of this type of company are free to set the company's operating rules in the articles of association, from the holding of shareholders' meetings to the transfer of shares.
This flexibility makes it very easy for associates to open up the capital to other associates, and even to set up share subscription or purchase options.
✏️ In addition, this type of status offers a high degree of credibility vis-à-vis third parties with whom the company does business.
This type of company also requires the presence of a Chairman, who may be the structure's Managing Director. This position may be covered by a salary scheme. A statutory auditor may also be appointed.
However, many decisions will have to be taken collectively, at a general meeting. The rules governing decision-making are laid down in the Articles of Association, and can range from a simple majority to an absolute majority, including a right of veto.
Like all companies, an SAS must have a registered office. This administrative and tax address not only determines the tax base and the law applicable to the company, but above all enables it to be registered in the Trade and Companies Register (RCS).
This registered office or business address can take four forms:
- The registered office is at the Chairman's domicile,
- Head office at a commercial address,
- Head office in a business incubator,
- Head office in a domiciliation company.
We present these four options in detail.
1. The registered office is at the domicile of the Chairman
If you are the Chairman of a simplified joint stock company (SAS), you can choose, with the agreement of the partners, to domicile your company at your home address.
This direct debit is possible if you are :
- Homeowner or tenant,
- Primary residence in this dwelling.
🔎 This excludes the possibility of domiciling your company at an address that you occupy free of charge and of which you are not the owner.
However, before proceeding with a registered office at the Chairman's home, it is advisable to ensure that such domiciliation is possible.
In fact, this possibility may be prohibited by the lease, the condominium bylaws, or even by local planning regulations. For the latter, please contact your local town hall.
It's important to understand that domiciling your SAS at your home address is a right.
⚠️ As such, even if your lease, the co-ownership by-laws or urban planning regulations prevent you from doing so, you can still domicile your business there for a period of five years.
Three months before the end of this period, you will be asked by the clerk of the court in the place where your company is domiciled to provide proof of a new address, failing which, at the end of the five-year period, your company will be automatically struck off the register of companies.
2. Head office at a commercial address
By resolution ofall the shareholders, you may decide to locate your registered office in commercial premises. This option is generally available when your company owns commercial premises as part of its business.
In this case, the premises are either leased by the company or owned by it. The company'sadministrative and tax address will then be that of the commercial premises. This address will then be indicated in the articles of association as the company's registered office.
3. Head office in a business incubator
At first glance, this solution often seems rather seductive. The idea of a business incubator is a dynamic one, a place where start-ups can be incubated. Often, this idea stems from the fact that you yourself have been supported by this type of structure, with business incubators providing you with legal and management advice to facilitate your entrepreneurial adventure.
Afterwards, it generally provides companies with resources such as printers, scanners and other essential office tools.
However, this type of domiciliation is by no means a long-term solution. In fact, the duration of domiciliation in a business incubator is generally six months. After that, you'll need to change your registered address, and therefore your articles of association, which will incur costs.
4. Head office within a domiciliation company
This is undoubtedly one of the most durable methods of domiciliation. Also known as " commercial domiciliation ", it involves domiciling your business through a domiciliation company.
The domiciliation company is a third party specialized in business domiciliation. In addition to offering a list of addresses in different cities and neighborhoods, it also provides services.
💡 So, a domiciliation company like Sedomicilier.fr, gives entrepreneurs the opportunity to domicile their SAS at prestigious addresses, such as on the Champs-Elysées or in downtown Marseille.
Among the services offered by a domiciliation company, you will find :
- Telephone hotline,
- Receiving, sending and scanning mail,
- Office rental,
- Rental of meeting rooms,
- Provision of office equipment, etc.
Unlike other types of domiciliation, you can remain domiciled with a domiciliation company for as long as you like.
The aim of a domiciliation company is to simplify your life, so that you can concentrate on your core business. Now that you've done all the paperwork to register your business, it's time to take a breather.
With a domiciliation company, things are simple. All you need to do is :
- Contact the domiciliation company,
- Enter the address you are interested in,
- Choose your complementary services,
- Send us your articles of association if your company is not yet registered,
- Send your Kbis if your company has already been created,
- Send us your bank details.
Once you've paid the fee, we'll send you the domiciliation contract, which you simply need to sign. A copy of the domiciliation contract will be sent to the Registre du Commerce des Sociétés, and you'll benefit from the head office of your choice. Why not on the Champs-Elysées?
Once you have received your certificate of domiciliation, you canregister your company and receive your Kbis certificate.
Registering your SAS with a domiciliation company is one of the best solutions available.
It ensures the necessary separation between your private and professional lives, lets you benefit from additional services that give you time to concentrate on your core business, and protects your personal information, which won't appear on sites like société.com.
Economical, because valid indefinitely, domiciliation of an SAS via a domiciliation company is the logical step in establishing the head office of this type of company. In particular, renting meeting rooms or offices enables mandatory general meetings to be held under optimal, highly professional conditions.
