- ⚖️ Discover how SELAS is revolutionizing the exercise of liberal professions with flexibility and protection.
- 🔍 What are the concrete advantages of SELAS compared to other legal statuses?
- 🧩 Dive into the details of creating and managing a SELAS while optimizing your business.
- 💰 Consider investment and personal wealth protection opportunities with SELAS.
- 📈 Explore how this legal status can boost the attractiveness and credibility of your liberal profession.
In the legal landscape of liberal professions, SELAS emerges as an essential structure. Are you a lawyer, doctor or architect and are you wondering about the best status to practice? The Simplified Liberal Practice Company (SELAS) could well be the answer to your needs. Combining flexibility and protection, this legal status is gaining popularity among self-employed professionals keen to optimize their activity.
But what makes SELAS so attractive? What advantages does it offer compared to other legal forms? And above all, how to navigate the twists and turns of its creation and operation? This article will guide you through the intricacies of SELAS, allowing you to understand why it has become a preferred choice for many liberal professionals in France.
What is a SELAS?
Definition and main characteristics
You may be wondering what exactly a SELAS is? Don’t worry, you’re not alone! SELAS, or Simplified Liberal Practice Company, is a legal status tailor-made for the liberal professions. Imagine it as a tailor-made suit for your professional activity.
SELAS offers incomparable flexibility to organize your activity while benefiting from the advantages of a company. It allows you to work alone or in a team, depending on your needs. It’s a bit like having a legal Swiss army knife at your disposal!
Did you know that since its creation in 1990, SELAS has gained popularity? In 2022, there were more than 15,000 SELAS in France, all sectors combined. This shows if this status meets a real need!
Differences between SELAS and other forms of SEL
You are probably wondering how SELAS stands out from other forms of Liberal Practice Companies (SEL)? That’s a great question!
The main difference lies in its governance flexibility. Unlike the SELARL (Limited Liability Company) which requires a manager, the SELAS allows you to freely choose your management method. It’s a bit like going from a set menu to an all-you-can-eat buffet!
In addition, SELAS offers great flexibility in the distribution of capital. You can, for example, easily bring in external investors, which can be a real plus for developing your business.
Let’s take a concrete example: let’s say you are a lawyer and you want to partner with other professionals. SELAS will allow you to do this while maintaining control over the management of the company. Practical, right?
Operation and creation formalities
Establishment of statutes and governance
Are you embarking on the SELAS adventure? Awesome ! The first crucial step is the establishment of the statutes. It’s a bit like laying the foundations of your professional home.
The statutes define the rules of the game for your SELAS. They determine who does what, how decisions are made, and how profits are distributed. You have great freedom in their wording, but be careful to think carefully about each clause!
For governance, you can opt for a single president or set up a more complex system with a board of directors. You decide which structure best suits your vision and needs.
Expert advice? Get help from a lawyer specializing in corporate law to draft your articles of association. This can save you a lot of headaches later!
Constitution of share capital and shareholder structure
Let’s talk money! The constitution of share capital is a key step in the creation of your SELAS. But don’t worry, it’s not as complicated as it seems.
The share capital represents the initial investment of your company. Good news: there is no minimum amount imposed for a SELAS. You can therefore start with modest capital and increase it as you grow.
The shareholder structure, in turn, determines who owns what in your SELAS. You can be the sole shareholder or share the capital with other professionals or even external investors (within the limit of 49% of the capital for the latter).
Imagine, for example, a SELAS of architects: you could hold 60% of the shares, your partner 30%, and leave 10% to an investor to finance your projects. It is this flexibility that makes the appeal of the SELAS!
Administrative procedures: registration and publication
You’re almost there! The final steps to bring your SELAS to life are registration and publication. Don’t be put off, it’s simpler than it looks.
Registration is done with the registry of the commercial court. It’s a bit like declaring the birth of your company. You will need to provide your statutes, a certificate of deposit of funds, and various other documents.
As for publication, it consists of announcing the creation of your SELAS in a legal notice newspaper. It’s like telling everyone about the birth!
A little advice to make your life easier: use the online services of the commercial court registry. You can carry out most of the procedures from your computer, in your pajamas if you like!
An adapted tax and social system
Taxation: taxation of profits and possible options
Let’s talk a little about taxes, shall we? Don’t make that face, I promise it’s not that bad! SELAS benefits from a rather advantageous tax regime.
By default, a SELAS is subject to corporate tax (IS). This means that the company pays tax on its profits, not you personally. The standard rate is 25% in 2023, but there are reduced rates for small businesses.
But wait, that’s not all! You have the possibility of opting for income tax (IR) during the first five years of existence of your SELAS. It’s like having a tax joker!
Let’s take a concrete example: let’s imagine that your marketing consulting SELAS generates €100,000 in profits. With IS, you will pay €25,000 in taxes (excluding reduced rate). With IR, everything will depend on your personal situation. It’s up to you to do your calculations!
Social protection of SELAS managers and associates
Now, let’s talk about social protection. This is a crucial subject, because after all, you have to think about protecting yourself, right?
As a manager of SELAS, you are considered a self-employed worker (TNS). This means that you contribute to the Social Security of the Self-Employed (formerly RSI). You therefore benefit from health, retirement and disability-death coverage.
But be careful, your level of protection will depend on your contributions. It’s a bit like insurance: the more you contribute, the better you are covered. It is therefore crucial to carefully assess your needs and adjust your contributions accordingly.
A little friendly advice: don’t hesitate to take out complementary health insurance and insurance to optimize your coverage. Prevention is better than cure, as they say!
The advantages and limitations of SELAS
Advantages: flexibility, attractiveness and other advantages
You are probably wondering what the concrete advantages of SELAS are? Well, hold on tight, because there are plenty of them!
Flexibility is undoubtedly the greatest asset of SELAS. You can tailor your company structure to your specific needs. It’s a bit like having a tailor-made suit rather than a ready-to-wear one!
Attractiveness for investors is another strong point. The possibility of opening up the capital (up to 49%) to non-professionals can be a real boost to develop your business.
In addition, SELAS offers better protection of your personal assets. Your personal assets are separate from those of the company.
Finally, let’s not forget credibility. A SELAS can give a more professional and structured image, which can be an asset when landing large contracts or working with large companies.
Disadvantages: administrative constraints and associated risks
Of course, SELAS is not the miracle solution either. It also has its drawbacks. But don’t worry, they are manageable with a little organization!
Administrative constraints are probably the main drawback. Creating and managing a SELAS requires more formalities than an individual business. It’s a bit like going from a bicycle to a motorcycle: more freedom, but also more responsibilities!
There is also the question of costs. Between creation costs, more complex accounting and social security contributions, a SELAS can be more expensive than a simpler structure.
Finally, let’s not forget the tax risk. If you opt for IS, you will need to be vigilant on the issue of executive remuneration to avoid any adjustment. It’s a bit like walking a tightrope: you have to find the right balance!
But don’t be discouraged! With good support and rigorous management, these disadvantages can be largely offset by the advantages of SELAS.
Make the right choice for your professional future
You are now well equipped to understand the subtleties of SELAS and its implications for your professional activity. Like a craftsman who carefully chooses his tools, the choice of your legal status is crucial in shaping your professional success. SELAS, with its remarkable flexibility and tax advantages, can be the legal Swiss army knife you need to calmly develop your business.
Useful links
- UNAPL – National Union of Liberal Professions – UNAPL
- Accounting expertise dedicated to liberal professions – BSF Group
- Liberal profession: which status to choose? – Shine
- Professional lease or commercial lease: what choice should you make for a liberal profession? – Eloquence Lawyers
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