The composition of llc usually includes a small number of partners. Two employees are enough to form an LLC. However, the maximum number of employees is him. Thus, llc can mobilize a large number of partners to provide better financing without transformation into a joint stock company. Civil companies (SCI …) or commercial companies (SNC, SA, SAS, SARL …), or a union may be associated with llc.
Associates LLC do not have the quality of a trader. A partner does not need to be able to trade under his own name in order to be an LLC partner. Thus, a person whose profession is incompatible with the transaction can subscribe to LLC shares: a person who carries out a free profession (however, partners or a manager must have certain professional qualifications), a civil servant, a foreigner who does not have a foreign trader’s card. Create an LLC between two spouses Only two spouses can create an LLC and participate together or separately in management. In this case, it is preferable that the charter be established in the form of a notarial deed in order to avoid that the contributions will be considered as disguised donations.
The quality of the partner is recognized by the spouse who purchases the shares (even if this acquisition is made using ordinary goods). However, partner status is recognized for the other half of the shares when he notified the company of his intention to be personally linked. A spouse who purchases LLC stock must be approved by other partners. This statement applies to a spouse who announces their intention to be bound in person. However, if this notification is subsequent after the acquisition, the provisions of the law regarding approval cannot apply to it (the associated spouse cannot vote, and his shares are not taken into account when calculating the quorum and the majority). Our advice: both spouses should participate in the constitution so that the shares are divided into two parts.
If the actual location of the company is located in a different place (governing bodies) than the registered office, third parties may use the registered office or the actual location of the company. The court must assess the real or fictitious nature of the head office. The register of the arbitration court issuing the registration number requires that the LLC has a commercial premises intended for use by the registered office (the company must be the owner or tenant of the premises where its head office is located). However, to facilitate the registration of companies without such premises, the law allows collective domiciliation and temporary domiciliation.
Collective domiciliation. A registered office can be created by sharing premises with other companies subject to a written direct debit agreement. However, companies of the same group that open their headquarters in the same premises that one uses do not have the right to conclude a domicile agreement between them.
If the activity is civil, it remains commercial in its form and, therefore, is subject to the provisions of commercial law (only a commercial court is competent). Attention to the development of a social object: Too uncertain an object can be equated with the absence of a social object. An object that is too accurate may require partners to subsequently amend the corporate object if it no longer corresponds to the activities carried out as a result of development. This legislative amendment represents value and formalities. In addition, a change in corporate designation in tax terms means termination of business with significant tax consequences.
Now let’s answer the question: how to create an llc. The name of the company is freely chosen by partners. This may be due to a social object, pure imagination, or include the name of one or more partners (it may not be desirable to enter the name of the employee in the name of the partner, since this partner may refuse the day of the company). The brand name must be preceded or accompanied by the words “limited liability company” or “LLC”, as well as equity.
Partners make contributions to SARL, which are paid for in shares, the amount of which is freely fixed. All contributions comprise equity, which is freely determined by partners. An LLC cannot make a public offer. The size of the authorized capital should be included in the charter, as well as in documents issued by the company and intended for third parties (accounts, etc.).