about a business creation project Those who follow us on Facebook know that for a few weeks now, Webmarketing & co’m is now an LLC. Since the steps to create a business are complex, I decided to share with you the most important steps …
1st advice: surround yourself with recognized professionals
The steps to start a business can be complicated, I strongly advise you to surround yourself with professionals such as accountants, lawyers, or advisors from the Business Formalities Center to which you are affiliated. Do not hesitate to multiply meetings before starting to create a business, this will allow you to be better prepared.
Further reading : Starting a business as a minor: is it possible?
Step 1: Choose the legal form of your business
SARL, single personal LLC (EURL), SAS, SASU… the differences between legal forms may seem vague at first. Discover the various advantages and disadvantages of each and choose the one that best suits your adaptation needs. In any case, keep in mind that it is possible to change form later if necessary.
For more information, I recommend reading the comparison between the different types of businesses published by the APCE. Except for the Société Anonyme (SA), there is no minimum share capital. The choice will be made based on your needs: nature of the activity, willingness to partner or not, whether it should attract investors or not…
Read also : What is the role of a land expert?
You can also read the page “Choosing a legal status” on the APCE website.
In general, if you are alone, you can turn to the following legal forms:
- Limited liability company (SARLU) / Single limited liability company (EURL) ;
- Simplified single-person joint-stock company (SASU) ;
- A sole proprietorship (AE).
EURL/SARLU/SASU allows you to create professional assets, while the Islamic state has simplified procedures but does not distinguish between the two assets.
If you want to work together without involving investors:
- Limited liability company (SARL).
And if you need investors in your project:
- Limited liability company (SA) ;
- Simplified joint-stock company (SAS).
Once again, it is advisable to get advice on choosing the appropriate legal form for your project.
Step 2: Drafting the statutes
Once you have settled on your business purpose, potential partners, and your capital, you need to draft the statutes of your business.
For an LLC, the customization of the statutes will be very limited. For SA/SAS, drafting the statutes will be much freer, and a careful review of all the required clauses is necessary. The involvement of a lawyer ensures that the statutes are perfectly tailored to your needs. You can also find websites with examples of statutes, but I can’t say exactly how valuable that is. For my part, I preferred to entrust this work to the lawyer from my accounting firm. The APCE has established a line, a model of the statutes of the SARL that you can find here.
If you have partners, also consider a partnership agreement. This document addresses issues not covered by laws. It is very important to avoid later conflict situations.
Step 3: Open a professional bank account
It is time to choose your bank. You need to make an appointment with them to open the business account and deposit the capital. Don’t forget to bring your draft statutes. Once the capital is deposited, the bank will provide you with the capital deposit certificate, the key to the next step. Please note that at this stage the invoice is preliminary, you cannot yet bill clients or pay through it. The final account will be opened as soon as the Kbis has been created and provided to the bank. Expect around 20/25 € per month for minimum banking management fees.
Step 4: Approval of the statutes
Once you have received the capital deposit certificate (usually the day after your appointment with the bank), you can print your articles in 4 copies, initializing and signing them on a mandatory date after the date of deposit of the capital certificate. The date chosen as the incorporation of the company must also be included in the other official documents.
Once your articles have been printed, initialed, and signed, go to the Corporate Tax Department for approval. They will register your statutes, stamp each copy, and keep one for their records.
Step 5: Publish a legal announcement
You should now publish a legal announcement. The information includes the following details:
- Date of establishment of the company (same as that indicated in the statutes) ;
- Legal name followed, if applicable, by the acronym ;
- Legal form (SARL-EURL…)
- ; Amount of share capital ;
- Address of the registered office ;
- Business purpose (summary) ;
- Duration of the company ;
- Names, first names, and addresses of the directors and those who have the power to bind the company to third parties ;
- Trade and Companies Register with which the company will be registered.
The publication process can be done online, the cost will depend on the number of characters in the advertisement, so I advise you to simplify the initial “business purpose” as much as possible to avoid any overly salty bills.
Step 6: Go to the Business Formalities Center Get a legal announcement at the lowest cost by clicking here.
You have your approved statutes, your capital deposit certificate, and your legal announcement certificate, you now need to prepare your business creation file to go to the CFE (Business Formalities Center).
Here are the documents you need for your file (here for an LLC/EURL):
- Declaration form for the incorporation of the company, the little name “M0”, you can download it here ;
- If you are a majority manager, you will be covered by the social protection scheme for independent workers (TNS), you must apply for membership in the scheme via the TNS form. To choose your independent social security organization, read this document indicating the different organizations and their number to include on the TNS form ;
- Approved laws ;
- Capital deposit certificate ;
- Publication certificate in the Official Journal ;
- Proof of residence of less than 3 months ;
- Declaration of honor of non-conviction and ancestry (template here) ;
- Copy of your ID card, front and back.
Depending on the case, additional documents may be requested, see the list of documents here.
Important: If you apply for Accre, an additional form containing supporting documents will be required. You can obtain the form and the list of documents to provide here.
If you receive Accre, you will be exempt from certain contributions for one year. If you want to know more, please visit the APCE website.
You have your complete file (Phew…) now you need to go to the business formalities center. Know that this center provides a service to guide you through your procedures (fill it out, check that the file is complete…). If you take it, the registration will be expedited. Given the complexity of the procedures, I advise you to take it to ensure that the file does not come back due to a missed or poorly completed step. It costs €60 for this service: Formalities assistance.
Completion of the company creation
All you have to do is wait for the Chamber of Commerce to register your business. The CFE can give you your registration number to indicate on your documents (quotes, invoices…), but you will have to wait for the final registration to obtain your Kbis, which will allow you to go to your bank to create the final account.
In conclusion
I wish I had found this information when I started the process of creating my business. I hope it will be useful to you. This article is not exhaustive but gives a good overview to start thinking. I encourage you to go to the CFE and meet startups before you begin.
Since the topic is huge and seems to interest you, I will share with you the information I find on creating and managing a business through the “business” section.
Feel free to share your anecdotes and tips on starting businesses in the comments.
Source: autoentrepreneurduweb.fr