Setting up and depositing the share capital of a business
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Share of profits of a business distributed to shareholders
A situation in which the company no longer has sufficient cash to settle its debts. In this case, the company must make a declaration of cessation of payments, called bankruptcy, to the commercial or judicial court.
Justification to prove a company. It is either an extract from the Trade and businesses Register (TBR) or Kbis extract, or an extract from the National company Register (NRE).
Ownership of the capital of a business, held by a member, and entitled to a pecuniary interest in the profits
Have you decided to set up a business? Once you have done your financing research and have chosen the legal form, you must proceed to the constitution and deposit of the share capital. Individual business This approach does not concern the EU.
What applies to you ?
SA
The share capital of the business shall be composed cash contributions carried out by shareholders.
The value of property owned by the business, such as goodwill, buildings, trademarks, are also taken into account.
There are 3 types of intake:
- Cash (i.e. money)
- Contributions in kind (buildings, machinery, etc.)
- Industrial contributions (know-how, experience, relationships that a person puts at the service of business)
Only contributions in cash and in kind constitute the share capital of the business.
When creating the business, shareholders must make contributions to constitute the share capital.
Each shareholder will obtain a certain number of shares depending on the amount of the contribution he has made.
The share capital created when the business was created has two uses:
- It is used to to distribute powers within the business.
Shareholders will obtain voting rights based on the contribution they have made to the business' share capital.
These voting rights will be useful during ordinary and extraordinary general meetings in decision-making.
Shareholders will also receive dividends will be proportional to their participation. - It serves as a method of financing.
Social capital can be used to compensate for excessive losses of the business and prevent it from ending up in cessation of payments.
FYI
The amount of the share capital must appear after the name of the company and the legal form on all documents of the business.
The capital stock of the business must be greater than or equal to €37,000.
It is not mandatory to deposit the entire amount at the outset, but you have to pay at least 50% the amount specified in the statutes of the business.
The rest should be poured into a period of 5 years following registration business.
The deposit of the share capital shall be one of the first steps the constitution of the business.
This deposit must be made before the signature of the statutes and registration of the business.
The share capital must be deposited by the director.
The business may also issue a power of attorney to a specified person and authorize him to deposit the share capital on his behalf. We're talking about mandated person by business.
The share capital may be deposited in one of the following ways:
- Bank check from a bank domiciled in France
- Bank transfer
- Cash
The deposit must be made on a blocked account with a bank or a notary.
Funds will be available after registration of the business in the Commercial and business Register (SCR: titleContent) and the national register of companies (RNE: titleContent). It is said that social capital is sequestered.
FYI
The deposit of the share capital with the Caisse des Dépôts is no longer possible since the 1er June 2021. You can recover the capital deposited before 1er June following the procedure set out in the Caisse des Dépôts site.
The authorized person or officer of the company must file the following documents:
- Application for deposit
- Depositor's identification
- Identity document of each partner or shareholder
- Draft complete and dated statutes less than one year
- Proof of domicile of your business' registered office less than 3 months
- Address of the business' legal representative
- In the case of an offer of shares to the public, list of subscribers
The depositary of the funds must provide you with a certificate of deposit containing the following elements:
- Name or corporate name of the soon-to-be business
- Address of registered office
- Total paid-up capital
- Amount paid by each partner or shareholder with the name
- Place and date of deposit
- Stamp and signature of the depositary
The funds from the business' share capital will be released after registration of the business.
You'll have to submit a proof confirming that the business is registered.
These funds can then be placed on a current account in the name of the business and used as needed.
SARL
The share capital of the business shall be composed cash contributions associates.
The value of property owned by the business, such as goodwill, buildings, trademarks, are also taken into account.
Each of the partners will get a number of shares depending on the amount of the contribution made.
There are 3 types of intake:
- Cash (i.e. money)
- Contributions in kind (buildings, machinery, etc.)
- Industrial contributions (know-how, experience, relationships that a person puts at the service of business)
Only contributions in cash and in kind constitute the share capital of the business.
The share capital created when the business was created has two uses:
- It is used to to distribute powers within the business.
The shareholders will get voting rights based on the contribution they made to the business' share capital.
These voting rights will be useful during ordinary and extraordinary general meetings in decision-making.
The partners will also receive dividends will be proportional to their participation. - It serves as a method of financing.
Social capital will make it possible to compensate for the excessive losses of the business and to prevent it from ending up in default.
FYI
the amount of the share capital must appear after the name of the company and the legal form on all documents of the business.
The starting amount social capital is free. It is defined in the statutes of the business.
The higher the share capital, the more secure the creation of the business. It will give business a better chance of getting a loan from a bank.
It is not mandatory to deposit the entire amount indicated in the articles of association from the outset.
However, at least 20% of the amount indicated must be deposited.
The remainder must be paid within 5 years after registration of the business.
The deposit of the share capital shall be one of the first steps the constitution of the business.
This deposit must be made before the signature of the statutes and registration of the business.
The share capital must be deposited by the director.
The business may also issue a power of attorney to a specified person and authorize him to deposit the share capital on his behalf. We're talking about mandated person by business.
The share capital may be deposited in one of the following ways:
- Bank check from a bank domiciled in France
- Bank transfer
- Cash
The deposit must be made on a blocked account with a bank or a notary.
Funds will be available after registration of the business in the Commercial and business Register (SCR: titleContent) and the national register of companies (RNE: titleContent). It is said that social capital is sequestered.
FYI
The deposit of the share capital with the Caisse des Dépôts is no longer possible since the 1er June 2021. You can recover the capital deposited before 1er June following the procedure set out in the Caisse des Dépôts site.
The deposit of the share capital must be made within a period of 8 days after receipt of funds, i.e. the contributions of all the partners.
The authorized person or officer of the company must file the following documents:
- Application for deposit
- Depositor's identification
- Identity document of each partner or shareholder
- Draft complete and dated statutes less than one year
- Proof of domicile of the business' registered office less than 3 months
- Address of the business' legal representative
The depositary of the funds must provide you with a certificate of deposit containing the following elements:
- Name or corporate name of the soon-to-be business
- Address of registered office
- Total paid-up capital
- Amount paid by each partner or shareholder with the name
- Place and date of deposit
- Stamp and signature of the depositary
The funds from the business' share capital will be released after registration of the business.
You'll have to submit a proof confirming that the business is registered.
These funds can then be placed on a current account in the name of the business and used as needed.
SAS or SASU
The share capital of the business shall be composed cash contributions shareholders.
The the value of the property belonging to the business, such as goodwill, buildings, brands, is also taken into account.
There are 3 types of intake:
- Cash (i.e. money)
- Contributions in kind (buildings, machinery, etc.)
- Industrial contributions (know-how, experience, relationships that a person puts at the service of business)
Only contributions in cash and in kind constitute the share capital of the business.
The share capital created when the business was created has two uses:
- It is used to to distribute powers within the business.
Shareholders will obtain voting rights based on the contribution they have made to the business' share capital.
These voting rights will be useful during ordinary and extraordinary general meetings in decision-making.
They will also receive dividends will be proportional to their participation. - It serves as a method of financing.
The share capital will make it possible to compensate for the excessive losses of the business and to prevent it from ending up in default.
FYI
the amount of the share capital must appear after the name of the company and the legal form on all documents of the business.
The starting amount social capital is free. It is defined in the statutes of the business.
The higher the share capital, the more secure the creation of the business. It will give business a better chance of getting a loan from a bank.
It is not mandatory to deposit the entire amount indicated in your articles of association from the outset. However, at least 50% of the amount indicated must be deposited.
The remainder must be paid within 5 years after your business is registered.
The deposit of the share capital shall be one of the first steps the constitution of the business.
This deposit must be made before the signature of the statutes and registration of the business.
The share capital may be deposited in one of the following ways:
- Bank check from a bank domiciled in France
- Bank transfer
- Cash
The deposit must be made on a blocked account with a bank or a notary.
Funds will be available after registration of the business in the Commercial and business Register (SCR: titleContent) and the national register of companies (RNE: titleContent). It is said that social capital is sequestered.
FYI
The deposit of the share capital with the Caisse des Dépôts is no longer possible since the 1er June 2021. You can recover the capital deposited before 1er June following the procedure set out in the Caisse des Dépôts site.
The authorized person or officer of the company must file the following documents:
- Application for deposit
- Depositor's identification
- Identity document of each partner or shareholder
- Draft complete and dated statutes less than one year
- Proof of domicile of the business' registered office less than 3 months
- Address of the business' legal representative
The depositary of the funds must provide you with a certificate of deposit containing the following elements:
- Name or corporate name of the soon-to-be business
- Address of registered office
- Total paid-up capital
- Amount paid by each partner or shareholder with the name
- Place and date of deposit
- Stamp and signature of the depositary
The funds from the business' share capital will be released after registration of the business.
You'll have to submit a proof confirming that the business is registered.
These funds can then be placed on a current account in the name of the business and used as needed.
EURL
The capital stock of your business consists of cash contributions that you did.
The the value of the assets that belong to your business, such as goodwill, buildings, trademarks, are also taken into account.
You must deposit the share capital of your business on a dedicated account to this effect, which you will only have access to after the registration of your business. It is said that social capital is sequestered.
There are 3 types of intake:
- Cash (i.e. money)
- Contributions in kind (buildings, machinery, etc.)
- Industrial contributions (know-how, experience, relationships that a person puts at the service of business)
Only contributions in cash and in kind constitute the share capital of the business.
The capital stock you build up when you create your company is used as a method of financing.
It will allow you to compensate for the excessive losses of your company and prevent it from ending up in default.
You are free to choose the starting amount the capital stock of your business.
The amount is to be defined in your business' statuses.
On the other hand, the higher the amount of share capital, the more secure the creation of the business. You'll also have a better chance of getting a loan from a bank.
You are not required to deposit the entire amount indicated in the articles from the outset. However, you will at least put down 20% of the sum indicated.
The remainder must be paid within 5 years after registration of your business.
You must deposit the share capital.
You can also issue a power of attorney to a specified person and authorize that person to deposit the share capital on behalf of the business. We're talking about mandated person by the company.
The deposit of the share capital must be made at the time you want to set up your company.
This is aboutone of the first steps the constitution of your company.
The share capital may be deposited in one of the following ways:
- Bank check from a bank domiciled in France
- Bank transfer
- Cash
The deposit must be made on a blocked account with a bank or a notary.
Funds will be available after registration of the business in the Commercial and business Register (SCR: titleContent) and the national register of companies (RNE: titleContent). It is said that social capital is sequestered.
FYI
The deposit of the share capital with the Caisse des Dépôts is no longer possible since the 1er June 2021. You can recover the capital deposited before 1er June following the procedure set out in the Caisse des Dépôts site.
The deposit of the share capital must be made in a 8-day period following receipt of funds, that is to say, your contributions.
You (or the authorized person) must file the following documents:
- Application for deposit
- Depositor's identification
- Draft complete and dated statutes less than one year
- Proof of domicile of your business' registered office less than 3 months
- Address of the business' legal representative
The depositary of the funds must provide you with a certificate of deposit containing the following elements:
- Name or corporate name of the soon-to-be business
- Address of registered office
- Total paid-up capital
- Amount paid by each partner or shareholder with the name
- Place and date of deposit
- Stamp and signature of the depositary
The funds of the capital stock of your company will be released as soon as you have the registration of your business.
You will need to show proof that you have registered your company.
You can then place these funds on a current account in the name of the company and use them according to the company's needs.