How do I create a business?
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
An entrepreneur who wishes to build a company must choose his or her legal status. There are 2 main categories: individual business or business. This choice is decisive for reporting formalities, its personal legal status, but also in fiscal, administrative or social matters. Creating a business is about giving birth to a new person (called legal person) legally separate from the creator or the founding partners.
The business must be given a name. This name is also called a name or social.
It identifies business as a legal person.
It often refers to the activity carried out.
The property on the name of your business is acquired when you register it.
The head office corresponds to the business' address.
This is the address where all documents related to the business' activity are sent.
This is the place where he actually leads.
It may be different from the place of operation or production.
It must be proved that the premises of the head office are regularly occupied for the activity of the business (by any means: copy of the commercial lease, EDF receipt or recent telephone invoice).
The location of the registered office is fixed in the statutes at the time of its creation and may be moved during the lifetime of the business.
Without company domicile, registration on the website of the company formalities office is not possible.
The address must appear on the commercial documents (quotations, invoices in particular).
Any change of address, considered as transfer of head office, must be declared at the company formalities office.
When a business is created, it is important to appoint one or more officers so that they represent business.
This appointment may be made at the time of the drafting of the statutes or in an act passed separately before the drafting of the statutes.
The executive will have different names and powers depending on the type of business that is created.
If the business exercises regulated activity (e.g. restaurant, real estate agency, hairdressing salon), it is subject to certain prior formalities.
For example, an application for an authorisation from the town hall of the town where the establishment is located or an application for an authorisation.
Once the business' head office is determined, it is important to communicate this address to the Post Office the closest one so that she can receive her mail.
The social capital of the business is money by the shareholders or members of the business.
The value of property owned by business, such as the trade fund, buildings, trademarks, is also taken into account.
There are 3 types of inputs:
- Cash (i.e. money)
- Inputs in kind (buildings, machines...)
- Industry inputs (know-how, experience, relationships that a person puts at the service of business)
Only cash and in-kind contributions make up the social capital of the business.
When in-kind contributions are made, the creation of the business requires the involvement of an Inputs Commissioner, whose role is to evaluate the assets brought to the capital of the business.
The share capital deposit must be performed when building a business.
This deposit is usually made on a open professional bank account for the business activity.
One of the essential steps to creating your company is drafting of statutes.
It's about all the social, fiscal and legal rules of your business.
This step takes place between the fixing of the amount of the share capital and the deposit of the share capital.
The business is constituted at the signing of the statutes.
Any business that is registered in RCS: titleContent, with the exception of publicly traded businesses, must make a declaration of beneficial ownership DBE: titleContent.
The DBE is used to identify the natural person who controls the business.
One beneficial is a person who has more than 25% capital, or more than 25% voting rights of the business.
It must be transmitted via the company formalities office:
Before registration, you have to publish a notice of incorporation business (or notice of creation).
This publication must be carried out in a support authorised to receive legal announcements (SHAL or JAL).
The cost of publishing depends on the type of business that is created.
We have to ask for a publication certificate, issued by the SHAL, and sent to the company formalities office at the time of registration.
We need declare your business. This declaration of existence is also called registration.
Once you have registered, you get the following identification:
- 2 unique identification numbers:
- One APE activity code (main activity carried out)
Once registration of the business with a CFE is completed, it is important to provide a number of accounting records, related to employees or security.
Most of these records are mandatory and depend on the type of business that was created.
Depending on the registry, it may be in paper or electronic form.
Depending on the activity carried out by the business, it may be subject to a take out certain insurance.
This is also the case if it hires employees or owns vehicles.
Even if the business is not subject to the obligation to take out insurance, taking out insurance is highly recommended and may prove useful in the future. For example, insure the business property against damage of water, fires.
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