Creation of society
Creating a company is a crucial moment in an entrepreneur’s life. This task is now offered by various professionals, and it is sometimes difficult to navigate.
We will go through the main steps of creating a company before explaining the role of each of the professionals offering their assistance.
Company Bylaws:
The first decision to make when establishing a company concerns the legal form. Companies can be divided into two main categories: commercial companies (SARL, SAS, SA, etc.) and civil companies (Real Estate Company, Liberal Professional Company). The choice depends on the nature of the activity that the company will undertake.
Next is a crucial step in the process of incorporation, namely, the drafting of the bylaws.
The bylaws are a mandatory legal document for any company. They will govern the operation of the company (activity, lifespan, taxation), relations between shareholders (voting rules, terms of transfer of social rights), and relations with third parties (liability).
Signing the bylaws leads to the creation of the company, and filing them with the relevant commercial court registry results in its registration.
As you can understand, the drafting of the bylaws should not be neglected. Today, many professionals offer to assist you in this task.
Different Professionals Who Can Establish Companies:
There are three professionals who can assist you in the incorporation of your company.
The Lawyer:
The lawyer is a legal professional. This is a jurist who must hold a law degree (at least Master 1 or equivalent), as well as the Certificate of Aptitude for the Legal Profession.
Lawyers are increasingly specialized, especially in the field of corporate law and tax law. In their advisory role, they assist their clients, especially during the formation of their companies.
The drafting of the bylaws is highly regulated by French legislation, and it can have significant consequences on both the liability of shareholders and tax matters. Lawyers are trained in these different issues, so they can assist you securely.
The Accountant:
The accountant is an accountant, holder of the Advanced Degree in Accounting and Management (DSCG, Bac +5) and the Diploma of Accounting Expertise (DEC), who practices an independent liberal profession.
Accountants are number professionals; they are not jurists.
Accountants are allowed to assist their clients in the incorporation of their companies. However, this task should only be incidental to an accounting mission for your business.
The Notary:
The notary is a public officer appointed by the Minister of Justice, tasked by the State with a public service mission.
Like lawyers, notaries are jurists. However, their main mission is to authenticate acts (e.g., real estate sales) and keep a record of them in their office. They also have an advisory role, especially concerning matrimonial regimes and real estate sales.
Who to Choose for Drafting the Bylaws of Your Company?
In conclusion, due to their training and experience, lawyers prove to be privileged allies in the incorporation of companies.
Specifically, lawyers specialized in tax law who master corporate law can combine legal and tax rules to draft bylaws that perfectly fit your project.
The tax lawyers at LEXPERTAX master all stages of company formation, including the drafting of bylaws.
We will, therefore, leverage our knowledge and experience to secure your project and meet your expectations.
