You want to open a restaurant but you don't know what type of legal status to choose? Here we present you with the different possibilities available to you so that this step is no longer a source of stress!
The legal aspect of setting up a business is based on four fundamental decisions:
- The legal form
- The tax system (income tax as a natural person, or corporate tax as a legal entity).
- The social regime (employee of your company to be attached to the social security or self-employed worker who then depends on the social regime for self-employed people).
- The liability of the manager(s) (unlimited in the case of a sole proprietorship, or limited in the case of companies and EIRLs).
Choosing your legal status
This step really makes your project a reality because it gives it life. There are many legal statuses. In order to choose the right one, it is essential to project yourself and to consider the evolutions of your restaurant in the long term. The consequences in terms of taxation which are different according to the chosen legal status are also to be evaluated.
For more information on this subject and to make the right choice, it is advisable to consult a legal expert who specializes in this type of question.
For the creation of your restaurant, three legal statuses are generally plebiscited by people who are starting up a restaurant :
- The SARL (limited liability company): this is the form favoured by restaurateurs. It is composed of a minimum of 2 associates. The company created is a legal entity. In case of bankruptcy, only the amount of the capital of the SARL can be claimed. The restaurateur cannot have his private property seized (except in the case of serious misconduct on his part). The company's share capital is made up of the contributions of the various partners. A general meeting must be held once a year between them.
- The EURL (one-man business with limited liability): this is a limited liability company with the same characteristics except that, as its name indicates, there is only one partner.
- The sole proprietorship: the restaurant owner runs his business alone, so we don't talk about a company. The personal patrimony of the entrepreneur is confused with his professional patrimony. In the event of bankruptcy, his private assets can therefore be seized. The profits made by the restaurant are part of the restaurant owner's income and are subject to income tax.
- There are two other types of legal status, but these are less often chosen: the SA (public limited company) and the SAS (simplified joint stock company), as these legal statuses are generally reserved for very large projects.
The creation of the company
The restaurant owner must apply for registration in the Trade and Companies Register in order to operate his restaurant. Depending on the legal status chosen, different formalities must be carried out.
- Register your restaurant with the RCS (Trade and Companies Register).
- Declare the creation of a company to your CFE (Centre de Formalités des Entreprises). It is this body that registers companies and forwards the elements to the various administrations concerned.
- Finally, it is the registration in the RNE (National Directory of Companies) that ensures your registration in the URSSAF (among others).
- Following this, the Clerk's Office of the Commercial Court then registers the activity and the entrepreneur receives his famous "K-bis extract", which makes the start of the activity official.
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