Tuesday 16 February 2021

How to create a service company?

The terms of creation are the same as those for the creation of companies operating in another sector. However, it is necessary to explicitly indicate the nature of the activities in the social object of the company . In addition, in the case of a company providing services to individuals or services to the person, it is necessary to obtain approval. As a result, it is necessary for the personal services company to meet certain conditions to receive this approval. In the event of non-compliance with the legal provisions relating to the exercise of the activity in question, this may result in withdrawal of authorization and cessation of activity engineering freelancers.

In the case of a service company established as a sole proprietorship

The creation of a service company with the legal status of sole proprietorship has the advantage of being very simple. Indeed, it suffices to make a corporate declaration of a natural person. An APE code is then provided for attachment to the CFE or Center de Formalités des Entreprises. However, depending on the service sector of the company, the latter may be attached either to the Chamber of Trades and Crafts, or to the Chamber of Commerce and Industry, or to URSSAF.

In the case of a service company established as a sole proprietorship with limited liability

The creation of a service company with the legal status of an individual limited liability company requires a declaration of assets with the Center de Formalités des Entreprises. This has the effect of limiting the liability of the service provider. In the event that the declared heritage includes real estate, a notarial deed must be provided with the declaration of heritage. In the event that an asset has a value greater than € 30,000, a report drawn up by a chartered accountant or an auditor must be sent with the declaration of assets.

In the case of a service company established as a sole proprietorship with limited liability

The creation of a service company with the legal status of a one-person limited liability company requires the drafting of articles of association, to define the company's share capital. The procedures for creating a service EURL are the same as for a lambda EURL. In this sense, it is necessary:

publish a notice of constitution of the EURL in a newspaper of legal notices;

an original version of the articles of association of the EURL referred to by the sole shareholder;

a supporting document from the head office of the EURL;

a copy of the identity documents of the EURL manager;

a check to be sent to the registry;

an extract from the K-Bis form for the EURL registration.

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