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It is essential to make a contribution, but, in the case of the SRL and the SC, there is no longer a legal minimum… The amount to be provided depends on what is sufficient to carry out the planned activity for two years. The financial plan, to be deposited with the notary at the time of incorporation of the company, must make it possible to establish this amount.

A creditor could be tempted to engage the liability of the founders after having read the financial plan, if he considers that the starting capital was not sufficient to carry out the activity for at least 2 years. To do this, he will bring an action against the founder(s) and if this action is founded, they could be bound by the commitments of the company, in the proportion set by the judge, in case of bankruptcy within 3 years of the acquisition of legal personality.

Therefore, it is fundamental to ensure that the company’s own funds are sufficient.

In an SA, the minimum capital remains set at EUR 61,500.

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Published on 28 October 2021
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