To permanently close an SAS, it is essential to follow certain key steps in order to successfully complete your company closure project. For example, you must dissolve your SAS before liquidating it to be able to comply with the legislation.
The different steps to close an SAS business
There are 6 essential steps that will allow you to permanently close your SAS company. First, it is essential that the president of the company brings together the various partners during an Extraordinary Meeting.
The decision-making of the partners must be punctuated by favorable votes for the definitive closure of the SAS, according to the majority which is provided for in the statutes.
In the event of non-presence of mentions in the majority, the partners will have to bring a decision unanimously. They will also have to designate the liquidator of the SAS company. Then a second General Assembly will have to be organized, in order to validate the closing accounts of liquidation.
The minutes of dissolution of the SAS
The second step is to establish the minutes of dissolution of the SAS. The minutes must include the final decision that has been taken, as well as the appointment of the liquidator. This document must then be transferred to the business tax department.
publication in the legal announcements journal (JAL)
The third step is publication in the legal announcements journal (JAL). This is to publish a notice of definitive closure of the SAS. In addition, this national referencing must include the identity of the liquidator as well as the information relating to the dissolved SAS
The dissolution of the SAS
Then comes the fourth step which is the dissolution of the SAS.
Following the partners’ decision to dissolve the company, legal formalities will have to be completed. At this level, you will have to call on a registry in a commercial court so that it can send your file to the Center de Formalités des Entreprises (CFE).
This file must include the M2 form completed in full, dated and signed. You will also need to attach the certificate of publication in a JAL as well as the report registered with the business tax department.
The SAS liquidation procedure
The fifth step is the SAS liquidation procedure. The liquidator will have to carry out balance sheets of possessions and debts, before selling all the assets of the SAS in order to liquidate the assets (the possessions). He will also be responsible for identifying all debtors of the SAS, in order to repay the company’s debts using the money collected by the sale of the goods and funds recovered. Following a second General Meeting to have the partners validate these same accounts, a report of the closing of the liquidation must then be published in a JAL.
Finally, all you have to do is complete a deregistration file containing the elements mentioned above and send it to the Business Formality Center in your sector.