Simplified Joint Stock Company offers entrepreneurs the possibility to choose between two types of structure: SAS or SASU. Very similar, these legal forms allow you to start a project alone or with others. So how do you choose between SASU and SAS? Discover their many common points, their differences, and how to choose the best solution for building your business.
SASU and SAS: Comparative Table of the Two Structures
| SASU | mother-in-law | |
|---|---|---|
| associated number | 1 | at least 2 |
| construction formalities | Complex | Complex |
| decision making | Only | in general assembly |
| to tax | IS (IR at option for 5 years) | IS (IR at option for 5 years) |
| responsibility | limited to contribution | limited to contribution |
| Partners Agreement | No | recommended |
| social system | assimilated staff | assimilated staff |
SASU and SAS . Similarities Between and Selection Criteria
SASU and SAS are almost identical structures. This means that they share many common points through their operations, from manufacturing to taxation.
one and the same legal status
SAS and SASU are actually the same legal system: a simplified joint stock company. They are governed by pursuance of Article L227-1 and the Commercial Code. These are capital companies, exercised either in a single-person or multi-person manner. Therefore the partners have the status of shareholders.
This position allows you to do a variety of activities, be it commercial, craft, agricultural or eclectic.
In SASU and SAS, the liability arrangement is limited to the contributions of the partners – or that of the sole partner. This is why your personal assets are protected in the event of default by the company: Creditors can sue you only up to the amount of your investments in SAS or SASUs. It represents real protection for shareholders!
similar construction formalities
The formalities to form a SAS or form a SASU are the same, as they are the same legal form! Thus, you must first draft the Articles of Association, deposit contributions in cash, define and deposit capital, and publish a legal declaration, before submitting your file to the Registry along with the M. Form and its supporting documents. Will be The construction cost is also the same.
Capital can be fixed or variable. Choosing a SASU or SAS with Convertible Capital provides access to new investors and shareholders while avoiding the tedious steps of capital growth!
Equivalent Operations and Management
Whether it is SASU or SAS, the appointment of the President is mandatory. It can be a partner, but it can also be a third party. Its name is in the articles of association or in a separate deed, and its role is to represent the company. In addition, it is possible to create multiple management bodies and thus appoint multiple general managers, including SASUs, as the latter does not have partner status to exercise their functions.
SASU and SAS managers benefit from the same employee-alike scheme.
uniform taxation
SAS and SASU are subject to corporation tax (IS) by nature. The tax rate can be reduced depending on the turnover and quality of the share capital holders. Thus, if at least 75% of the capital is held by natural persons and CAHT is less than 10 million euros, they are as follows:
- 15% for turnover less than €38,120;
- Up 25%.
Good to know: SASUs and partners in SAS have the possibility to opt for Income Tax (IR) for 5 years under certain conditions.
SASU and SAS . difference between
It should be noted that there are some minor differences between SASU and SAS, mainly related to the form chosen: unipersonal or pluripersonal.
number of partners
This is clearly the main difference between SASU and SAS. The first has only one partner while the second has at least 2 partners, not maximum. They can be natural or legal persons.
partnership agreement
Drafting a partner’s agreement, though not mandatory, makes it possible to draw up the relationship between the partners. So its formatting is useless in the context of SASU! Indeed, in principle, the partners of SAS have much more freedom and flexibility to manage their business.
A partner pact is an agreement that allows the confidential entry and exit status of partners, their common objectives, their advantages and the hierarchy between them, for example, to be detailed. You can find a free model of our collaborative agreement here.
decision making
Finally, the last major difference, decision making. In fact, the structure of SAS requires collective decision-making and therefore requires the partners to be brought together in a general meeting. The voting status details are set out in the SAS statutes.
In a SASU, the sole shareholder makes his own decisions and records them in the sole shareholder’s Decisions Register.
How to choose between SASU and SAS?
The main question to ask yourself when choosing between SASU and SAS is this: do you want to start alone or with others? Actually, the only real difference between SASU and SAS is the number of partners. Thus, a SASU is quite simply a SAS created by a single participant.
Doing business alone has significant benefits: You are the only one in control of your company and make all decisions without going through the process of a general meeting. However, handling this loneliness can sometimes be difficult. You are really the only one to take all the risk!
SAS has the advantage of pooling investment and risk among various partners. However, ensuring a good agreement and a common vision is essential for the future growth of your business.
Lastly, don’t forget that it’s better to start alone than with bad company! SASU allows you to bring in collaborators at any time in the future if you need them. Thus it will automatically turn into a SAS.
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questions to ask
How to pay salary in SAS or SASU?
The Chairman is remunerated under the conditions laid down in the Association of Companies of the Company. In SASU, the sole shareholder determines his remuneration if he holds this position. In SAS, this is decided in a general meeting.
Why choose SAS or SASU?
They are flexible structures. Also, taxation of SAS and SASU is beneficial as it allows you to opt for income tax for 5 years. This is interesting if you are in the lower class of the tax scale.
SASU or SAS, what’s the difference?
On the one hand you act alone, on the other hand, you act without the limit of at least 2 more shareholders.