Company establishment, commercial lease, SAS, SARL, SA, company registration, legal status, administrative formalities, business setup, company formation
This document outlines the necessary steps for establishing a new company or opening a new establishment, including choosing a legal status, registering the company, and completing administrative formalities.
[...] Next, it will be necessary to complete all the required formalities on the Unique Window website (https://procedures.inpi.fr/?/). To do this, we will need to communicate the following documents: - The constitutive statutes of the company signed; - The decision appointing the company leaders; - The identification document of each of the aforementioned leaders; - A declaration of non-conviction and filiation of the aforementioned leaders; - The deposit certificate of funds issued by the bank; - The commercial lease (in order to justify the regular exploitation of the premises). [...]
[...] The sum of these contributions constitutes the company's capital, it being specified that for a SAS, the minimum amount of social capital is 1 euro. In exchange for our contributions, we will receive shares (or social shares depending on the chosen company form), which are the titles allowing us to demonstrate the ownership of a part of the company, and allowing us to benefit from a voting right. Upon receipt of the entire payments, the bank will issue a deposit certificate, allowing us to sign the statutes and complete all the necessary formalities for the registration of our company. [...]
[...] It will be necessary to establish a prior declaration of hiring, which allows, in a single declaration, to complete all the necessary procedures with the URSSAF (namely, the registration of the company with a general social security and unemployment insurance regime, the registration of the employee with the primary health insurance fund, the membership of the company with a occupational health service, the organization of the mandatory medical examination of the employee in the context of his hiring, Appointment of an accountant expert The appointment of an accountant expert is mandatory for any company. It will be necessary to appoint an accountant expert and to transmit to him, as needed, the necessary information for the accomplishment of his missions. [...]
[...] Once the publication is made, all formalities required for the opening of a new establishment must be completed on the Single Window website. It will be necessary to declare a new establishment, and to communicate the following documents: - The publication certificate in a legal announcements journal; - The commercial lease (in order to justify the regular occupation of the premises). Once the formalities are completed, our file will be transmitted to the competent Commercial Court Registry. The latter will issue an updated Kbis extract of the Displate company mentioning the creation of our new establishment. [...]
[...] Given that our activity is commercial, the commercial lease appears to be the most suitable form of lease. Furthermore, the conclusion of a commercial lease allows us to benefit from a protective legal framework for the tenant. In fact, a commercial lease cannot (except in rare cases) be terminated by the landlord before the expiration of a period of nine years. In addition, even at the end of this period, the landlord cannot terminate the commercial lease without paying compensation (the eviction indemnity) to the tenant, which aims to compensate the tenant for the loss of the premises in which he operates his business. [...]
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