The lawyer’s legal expertise
Many legal issues arise when deciding to start a business . The first of these: what social form should I choose for my company? You can rely on the services of a jurist or a lawyer to receive advice on setting up a business .
Indeed, in French company law, there are several types of companies. Without listing them here, it should be noted that each form is specific with regard to its most basic characteristics: the minimum level of capital required, the number of partners required, its civil or commercial purpose, the liability of the partners, the possibility of to issue shares, the greater or lesser dependence on the law or the articles of association. The lawyer can also inform you on specific subjects such as the cost of creating an SAS compared to that of a SASU.
All these points must be analyzed with the help of a lawyer, so that it can answer all your questions on this subject. It is necessary for this to have solid knowledge in the matter in order to be aware of the ins and outs, and consequences of each of the existing forms. All these companies do not lend themselves to the same activity, or simply do not have the same tax regime. Each association is a particular case because a human case.
The matter is dense and having the assistance of a lawyer in making this decision ensures an informed choice .
The lawyer will be able to guide you throughout the creation process, which may seem complex for the uninitiated. Follow-up is of paramount importance for a new entrepreneur because it allows you not to walk the path of creation alone. Some lawyers have expertise in specific areas. If you are creating a company in the field of innovation, for example, go to a startup lawyer . For a Société Civile Immobilière project, a specialized lawyer will accompany you in the creation of the SCI online .
For example, the lawyer masters the nomenclatures of activitiesand products as well as the associated APE activity codes. The allocation by INSEE of a code is mandatory. These codes characterize the main activity carried out by a company. Thanks to this code, the company appears in the aforementioned nomenclature. This enables better organization of economic and social information for businesses. The NAF or APE code allows, for example, the company to know which collective agreement it must apply to the salaried workers it employs.
Mastery of the contractual technique
You can first get a lawyer to draft your company’s articles of association . Without going into the legal complications, it is clear that the company that will be created is thanks to a contract. The contract that will be drawn up will have to be carefully written because it will constitute the statutes of the company.
Concretely, the articles of association are by far the most important document in a company. They are the reference text in that they organize the life of the company on themes such as relations between partners, the rights available to them, what they are obliged to do or the vade-mecum of the processes in the event of problems. in the society…
The drafting of a contract requires an effective knowledge of the contractual matter. It may indeed be necessary to set up several types of contracts in the context of the creation of a company, such as a domiciliation contract for an SCI . It should indeed be known that the domiciliation of company must respect a certain number of rules in France.
Indeed, a badly drafted contract presents many risks, among which we can cite for example: the declaration of the nullity of the contract by a judge, the prosecution of the company by a dissatisfied or estranged partner, the existence of an abusive clause or more simply the creation of a structural dysfunction which would be very complicated to resolve.
The lawyer has the necessary experience to insure you against this type of risk because he has mastery of contractual matters. He is able to insert clauses in accordance with your wishes and even more, clauses that are able to protect your interests.
The lawyer provides valuable assistance to the creators of one-person businesses, who assume the entrepreneurial project alone. This may be the case for VTC drivers in SASU .
Mastering contractual matters consequently leads to the possibility of matching legal requirements with the necessary particularities of each company. The law is obviously intended to govern as many situations as possible objectively and cannot address each situation individually. But the lawyer is able to do it. All the substance of his work lies in finding the right legal regime to apply in relation to your constraints. So, in drafting your statutes, he will listen to your concerns. It will adapt to your project
Since each company is particular because of its history or the people who compose it, we cannot be satisfied with the legal minimum sufficient for the creation of the company. Seizing the opportunity to personalize the statutes of the company is to put a considerable advantage on his side. Your company will then be more flexible and better able to adapt to the different situations it will encounter.
Professional civil liability
Finally, the guarantee offered by the use of a lawyer is professional civil liability . It follows that, if your lawyer commits a professional fault that causes you damage, you can hold him liable. Thus, you can be compensated for the damage suffered.
This ultimate guarantee is completely absent if you choose, for example, to fill out the pre-made contract templates that can be found on the internet and use them to create your company. These contracts are to be avoided for many reasons, one of them being this.
Although it is obviously not desirable to have to come to such extremes, it is advisable for the sake of completeness to consider all possible cases. And it is reassuring to know that in such a case, having recourse to a lawyer , even at fault, offers you protection.
