Published on : 14 April 20203 min reading time
The future entrepreneur is not obliged to entrust the drafting of his company’s articles of association to a lawyer. It is quite possible to prepare the auto-entrepreneur status oneself and then file it at the registry. Although it is advisable, it is optional to have a specialist read over your project.
Contents of a company’s legal statutes
The operation of a company is regulated by law. However, the articles of association allow certain elements to be adapted, such as the approval clause for the transfer of shares or corporate units. The articles of association also determine the allocation of directors, the type of tax regime, etc. This document makes it possible to organise all relations between shareholders, partners and between directors and the company. The articles of association contain mandatory information specific to all companies and additional notions whose mandatory nature varies according to the form of the company.
Among the mandatory mentions are the company name, the legal form, the domicile of the registered office, the field of activity, the amount of the share capital, the contributions of the shareholders or partners, the life of the company… Additional mentions of the status of a self-company include the terms of transfer for the shares, decision-making category, terms of liquidation of the company, power of the directors…
Writing the articles of association of a company yourself
The drafting of a company statute is not accessible to every entrepreneur. In order to avoid founders having to carry out this essential step themselves when creating a company, the task can be entrusted to a professional. These may be accountants, notaries or lawyers. Those who wish to draft the articles of incorporation themselves must have a minimum of knowledge, identify the issues involved in the clauses to be inserted and make sure that nothing is forgotten.
This task can be made easier by using a template available on the Internet. In this case, make sure that the articles of association are adapted to the legal form of the company. The concern with standard articles of association templates is that they do not take into account the specificities of the project. There are sites on the Internet that help self-entrepreneurs to set up the articles of association of their future company themselves.
Advantages of the auto-entrepreneur status
The auto-entrepreneur scheme authorises individuals to exercise a commercial, craft or liberal activity. In order to benefit from the privileges granted under the scheme, it is necessary to carry on a sole proprietorship, as an ancillary activity to the principal. By opting for this status, the company founder is entitled to tax and social benefits.
These include membership of the simplified regime, exemption from charges and lighter accounting obligations. Those carrying on a commercial activity under this regime are exempt from registration in the Trade and Companies Register. Several assistance networks are available to support future executives free of charge.