French legislation offers the possibility for an entrepreneur to create a company while remaining the sole partner. We speak of a company with a single shareholder or even of a single-member company. Like any company, this structure must designate a manager. Their conditions of appointment, their social system, their contributions, and their social security coverage will depend on their status, which itself depends on the legal form of the company (EURL or SASU to remember about the manager of a single-member company. essential information). Here is the
Manager Of A Single-Member Company: Become President Or Manager
There are two possibilities for becoming a manager of a single-member company, that is to say, a company with a single shareholder. Thus, you can become manager of an EURL (single-member company with limited liability) or become president of a SASU (simplified single-member joint stock company). The EURL and the SASU are the only two forms that can allow you to be a sole entrepreneur within a company. The last legal status is the sole proprietorship, but this is not a company.
Anyone Can Be Appointed President, But Not Necessarily Manager
First of all, SASU offers more flexibility in terms of appointing a manager. Under this legal status, the president can, in fact, be a natural person (that is to say, an individual) but also a legal person (another company). However, the last solution remains impossible in EURL. The manager of an EURL must be an individual. This remark does not apply to the sole shareholder, who can be, in the SASU as in the EURL, an individual or a company.
The President Is Assimilated-Employee, The Manager TNS Or Assimilated-Employee
In France, there are several social security systems. We distinguish in particular between the status of non-salaried worker (TNS) and the status of assimilated-employee< /span > .assimilated-employee linked to the social security of the self-employed. Otherwise, he has the status of TNS if he is also a partner, is an EURL, and is affiliated with the general social security system. The manager of assimilated employees of SASU is considered a president. As we explain below, the contribution rates, like the guarantees, are not the same. That said, a
The Social Contribution Rates Of The President Of SASU And The Manager Of EURL
A very significant gap exists between the EURL and the SASU at this level. Beforehand, however, you should know that the manager and the president contribute to the same funds. For several years, the social security of the self-employed, which replaced the RSI (social regime for the self-employed), has been the subject of an attachment to the authority General of Social Security. Concretely, the rate of social charges (ratio between social costs and net salary) is more than 75 % for the president of SASU, while it is only 45% for the manager of EURL TNS.
Differences In Social Security Coverage (President Vs. Manager)
It may seem surprising, but within a specific salary limit, there are almost no differences in social security coverage between a TNS manager and an assimilated employee president. In fact, the two leaders are excluded from unemployment insurance. They both benefit from healthcare reimbursements as well as support in the event of sick leave. The manager, however, has a waiting period in the event of stopping for AT/MP (work accident/occupational illness). Finally, a manager who receives an income greater than around €46,000 contributes less to retirement insurance than a president.
The Particularity That May Affect The EURL Manager
The sole associated manager of an EURL subject to corporate tax (IS) can receive two types of income: remuneration (salary) and dividends (profit distributions). A unique feature exists for tips. Their amount, which exceeds 10% of the EURO share capital, supports the TNS social contributions. This imposition does not live in SASU, but it is not as penalizing as one might think. It supplements the manager’s social protection, and the social contributions generated turn out to be a deductible expense from the tax result.
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