Law n ° 2016-1691 of December 9, 2016 modified the conditions of registration in the trades directory. Economic and social thresholds are changed. The quality of craftsman remains delivered under certain conditions. The reporting formalities vary depending on the regulated activity or not. But this new text does not modify the training to follow for certain trades or other characteristics of craft activities …
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A precise trade and qualification
For regulated trades, you must follow specific training to be able to display the quality of craftsman on your storefront or commercial documents. During registration, the Chamber of Trades and Crafts checks the professional qualification of the person directing the activity within the company. There are diploma courses: CAP, or BEP, title approved or registered in the national directory of professional certifications (RNCP). Three years of professional experience in the trade also allow to have the quality of craftsman. For crafts, a decree defines their list. Another qualification, the title of master craftsman or master craftsman in the craft is available to craftspeople who have demonstrated 2 years of activity and a master’s degree in the craft.
A craft business can have more than 10 employees
Law No. 96-603 of July 5, 1996 relating to the development and promotion of trade and crafts was amended in December 2016. Article 133 of Law No. 2016-1691 of December 9, 2016 relating to transparency, the fight against corruption and the modernization of economic life are changing thresholds allowing a company to register or stay in the trades directory. This concerns both natural and legal persons.
In its previous version, the law stipulated that beyond 10 employees, the registration of a company in the trades directory was not possible. From December 10, 2016, the threshold is greatly increased since the workforce ceiling is set at 50 employees for an already registered company. For companies that reach the threshold of 50 employees, they could remain registered with the RM for a maximum of 2 years after the year of exceeding the threshold. It is therefore valid for those who will reach this threshold this year. In the case of those who have already reached it by December 10, 2016, they benefit from 5 years.
For a company that requests its registration in the RM, it is also possible in the case of a redemption of funds whose owner was already registered in the RM. The conditions are the same: 50 employees and no longer 10 as before.
Many possible legal forms
The legal form in which you will exercise your craft activity is free since you can choose between sole proprietorship, microenterprise, or corporate. In the case of companies, even if the legal statutes of the simplified joint stock company (SASU or SAS) are more complicated, it is necessary to take the time to take an interest in them, in particular for the social regime of the manager, assimilated to that of an employee. The main interest in legal form with limited liability (EURL or SARL) is simplicity in the statutes, but is more rigid.
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