Before starting your business in the 3D printing industry, you must first take the time to establish your business. This involves a number of mandatory administrative procedures. Once you have completed all the stages of creating your business, you can realize all your projects. How to create a limited company in the 3D printing sector? What are the different steps to opening a company? We answer all your questions!
The 3D printing industry
The enormous potential of 3D modeling offers particularly interesting professional prospects. Especially if your project is moving towards the creation of a public limited company ( SA ).
This dynamic of the 3D printing market is found in many fields of activity. For example, the field of interior decoration makes it possible to design trendy and futuristic objects. This technological innovation also extends to fashion and the manufacture of 3D-printed jewelry. The food sector is not to be outdone: kitchen utensils, pastry materials, decorative molds, all these objects are open to 3D printing. To stay in the culinary sector, the printing of artificial dishes is also particularly requested by restaurateurs as a presentation dish in a window.
As part of the creation of a public limited company, you also have the possibility of specializing in fields such as aeronautics, medicine with the manufacture of orthopedic prostheses, or even the field of building and construction.
How to create an SA in the 3D printing sector?
The choice of legal status: an essential step
When you want to open a company, the essential step is the choice of legal status. Indeed, this choice is decisive for the tax, social, and accounting regime of your future company. The legal status of your 3D printing business also helps determine potential compatibilities with various investment projects. It is then a crucial choice for which you must absolutely study all the consequences for your company.
Why choose SA legal status for your 3D printing company?
The public limited company is a capital company, its capital is made up of the contributions of each of the shareholders. This is one of the benefits of setting up an SA for your 3D printing business. Indeed, for your installation, this cumulation of capital makes it possible to face the first expenses essential to the installation of your company: rental of premises, purchase of equipment, creation of a website, advertising and marketing.
In addition, the public limited company makes it possible to limit the financial responsibility of the shareholders to their contribution. The personal assets of each employee are fully protected.
In addition, the public limited company allows 2 types of governance: by a general manager and a board of directors or else management by the presence of a management board and a supervisory board.
What are the steps for creating a public limited company?
Step 1: choice of corporate name and registered office
The first step in setting up a business is choosing the business name. For this, it is advisable to check the availability of the name you have chosen with the National Institute and Intellectual Property (INPI) to ensure that it is not already in use.
Then, insofar as the public limited company requires the participation of at least 2 shareholders, it is important to make a choice of the registered office . This is the legal domicile of your company which makes it possible to determine its nationality and therefore the applicable commercial and tax legislation.
Step 2: drafting your company’s articles of association
The second stage of the creation of your public limited company and the drafting of the statutes. The founders of the company, that is to say the shareholders, establish the operating rules of the board of directors. He also drafts the company’s internal regulations, as well as the methods of interaction with its various interlocutors.
The drafting of the articles of association is compulsory and must be notified by a notary under private signature. This document must include a certain number of elements such as: the name and registered office, the corporate purpose of the company, the amount of total capital contributed, the identity of each of the persons signing the statute. The statutes of the company also indicate, in an explicit way, the conditions applicable in the event of the transfer or sale of shares of the future company.
Step 3: call on a contribution auditor
The role of the contributions auditor is to accurately assess the amount of cash and in-kind contributions made by the shareholders of the public limited company. The estimate of this value is appreciated in a detailed report. This official document must be attached to the articles of association drawn up by the founders of the company and then sent to the registry of the commercial court.
Step 4: open an escrow account to deposit the funds
For the creation of all companies, whatever their legal status, tax legislation requires the opening of a bank account specifically dedicated to the activities of the company.
This obligation is all the more essential for a public limited company since each of the founding shareholders participates in the share capital. This capital may be in cash, in shares from other companies, goodwill, brands, buildings, etc.
With regard to cash deposits, it is then essential to open a bank account. Once the capital has been paid into the account, the bank gives the founders of the public limited company a blocking certificate which allows the funds to be frozen until the incorporation of the company is finalized. This blocking certificate is then given to the notary.
Step 5: appoint an auditor
For corporations, the law requires the appointment of an auditor. The role of the latter is to verify and certify the annual accounts of the company. He then ensures compliance with the accounting and tax rules apply according to the legal status of the company.
The certification of an auditor is then done by free choice of the shareholders and this appointment must appear in the articles of association. In addition, it is also mandatory to appoint a statutory auditor and a substitute auditor.
Note that it was possible to modify this appointment at a later date. For this, it is necessary to obtain the unanimous vote of the general meeting of the public limited company then a publication in the newspaper of legal announcement of the new appointment.
Step 6: save the statuses
Before registering your articles of association, documents must be attached. This is the list of costs incurred by the creators up to the signing of the articles of association, the internal regulations of your future company, the shareholders’ pacts and the auditor’s report.
Then, the registration of the articles of association is done with the business tax services (SIE) , whether it is drafted by a bailiff, whether it contains a transmission of goodwill or transmission of social rights.
Step 7: Register your business with the CFE
The registration of your public limited company is done with the business formalities center (CFE) on which it depends. To do this, you must provide the form for the declaration of incorporation of an SA, as well as the insert relating to the beneficial owner of a company. Depending on the context of the creation of your business, you must also pay a variable amount to the registry of the commercial court. This amount is between €37 for the creation of a public limited company with the creation of funds and €69 for the creation of an SA under lease management or with a management mandate.
Step 8: publication in the legal notice journal
The final step in setting up a public limited company is publication in a newspaper of legal notices. This process is mandatory and concerns all forms of company, regardless of their legal status.
To do this, you must approach the legal announcements journal of the department of the company’s head office.
Key points to remember: creating an SA in the 3D printing sector offers great prospects on the economic market. But before that, you must scrupulously respect all the stages of business creation as well as the different legal rules regarding its operating methods.
