Another option choose the status of collaborating spouse

Hubert Fabre, responsible for transmission of business of the notary study Monassier & Associates

Should what form of enterprise choose Franchisees or members of groups are independent contractors, it is for them to determine the legal structure that they wish to adopt. They may exercise their activity in the form of a sole proprietorship or a company. In practice, the terms and conditions for the creation of a sole proprietorship are simpler. But the contractor is responsible for the liabilities of the company jointly and indefinitely, this form of exploitation should be reserved for smaller, activities that require little investment and generate risks to the extent of the financial capacities of their owners. The ideal therefore exercise activity in individual form in the early years, and then transform it into a company if the business volume is growing.

How does a sole proprietorship as a couple Everything depends on the marital regime of the couple. If they have not signed specific marriage contract, the spouses receive "statutory" said regime of community of property to acquests. In this case, the company created during the marriage is a common good, any one who has made the funds. Divorce or death, each spouse is entitled to half of the value of the company, with possibly compensation if a spouse has financed the company with own funds, i.e., the funds which owned before the marriage or received a gift or an inheritance during the marriage. If they adopted the regime of separation as to property on the other hand, the company will be created in joint tenancy, in which each partner will hold shares proportionate to the amounts made. Distinguish the patrimonies of the two spouses, to then retain evidence of payments made by each of them.

What to choose for spouses in individual company Since the Act of August 2, 2005, the spouse of the business leader who is a regular activity in the company must choose a status: operator, collaborator or an employee. When the company belongs to both spouses, they may decide to be co-farmers. In this case, it is the whole of the heritage of the couple who pledged to creditors, regardless of the matrimonial property regime chosen. Another option: choose the status of collaborating spouse. It is not associated with quality but is presumed to have a mandate of the Business Manager to perform the acts of administration, i.e. of day-to-day management of the company. He receives no pay, but social protection coverage disease and individual retirement. Last chance: salaried employment. The spouse has then regime, legal and social workers, and the company shall pay an hourly wage at least equal to the minimum wage. This choice allows it to be distinct from the head of enterprise assets, if they are not married under a Community system.

How does a company undertaking In General, the company selected to operate as a couple is SARL - société à responsabilité limitée - or SAS - simplified stock company. If a company between spouses is established, the spouses may be the inputs of all types: cash, nature - property - or simply industry - working time, knowledge building If the spouses were married under a separatist regime, each endorsed a number of shares based on his contributions. Under a regime of community, financial heritage will be common, even if appears as a partner than that agreed the capital base. However, in the case of the SARL, the spouse may require becoming partner at any time and claim to half of the shares, which can be problematic in cases of divorce.

What is the role of the notary The use of a notary is today more required to establish a company between spouses contract, but it may be prudent to have a "genuine act" to object to the tax administration, or the heirs for the death of a spouse as the deed to prevent disguised gift qualification. On the other hand, if the couple wishes to modify their matrimonial regime, a notarial act must necessarily be established. Especially, the notary has an advisory role to allow the spouses to establish their business in knowledge of cause, with a form and the appropriate articles. This is an opportunity to determine what happen to the company in cases of divorce or death of one of the spouses, the rights of the child, etc. These are very important to treat upstream project issues.