Is it still possible to operate as an individual limited liability contractor (EIRL)?
Verified 13 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
It is no longer possible to create an EIRL since the law of 14 February 2022 in favor of self-employed professional activity. However, the EIRLs established before this law continue to operate under the EIRL.
Individual business The Limited Liability Directive (EIRL) allowed an individual entrepreneur to protect his personal assets by forming a separate professional estate.
This legal form was abolished by the law of 14 February 2022 in favor of self-employed professional activity. This law has created a new, unique status for the individual entrepreneur: he now automatically benefits from a separation of professional and personal assets.
It is therefore no longer possible to set up an EIRL. On the other hand, the existing EIRLs may continue to operate under the previous conditions.
The EIRL has a professional estate assigned to the professional activity, i.e. consisting of property necessary the pursuit of the professional activity (material, premises, etc.).
During the life of the company, it is possible to change this heritage by adding or by withdrawing property. The addition or removal of assets from the trust estate is done through the companies' formalities window.
In case of difficulties of the company leading to judicial redress or to the judicial liquidationHowever, professional creditors will only be able to seize professional assets.
However, in the event of fraud or serious and repeated breaches of EIRL's fiscal, social or accounting obligations, creditors may seize its personal assets.
In the event of the death of the entrepreneur (EIRL), the heirs or beneficiaries can no longer continue the professional activity under the status of EIRL. They must carry out the liquidation and the cessation of activity of the EIRL with immediate taxation of profits.
Heirs or beneficiaries must request the delisting of the EIRL on the website of the company formalities window:
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