The project owner has a heritage to protect

The use of a societal form makes it possible, for the most part, to shelter the personal property of the project holder (unless he commits a management error or certain other offenses). Indeed, the professional patrimony is then distinguished from the personal patrimony of the partner. To this end, a legal structure should be chosen in which the partners' liability is limited to the amount of their contributions (this is the case for SAS / SASU, SARL / EURL, SA). In some others, the responsibility is unlimited and sometimes solitary (as for the SNC for example).

If he carries on his business in his own name, there is no distinction between personal and professional wealth. The project proponent may still be able to protect himself, but by means of a fairly substantial formalism. In addition, coverage will be less. If he is a self-entrepreneur, he must opt ​​for the EIRL scheme, if he chooses the EIRL, he must carefully define his assignment patrimony and if he is an individual entrepreneur, he can opt for the status Of EIRL or to protect certain of its properties with the declaration of exemption from seizure (since 7 August 2015, the principal residence of the head of the company is exempt from seizure without any special formalities).

The project leader carries out a special activity or sets up a specific financial package

Some activities require the choice of a particular legal status. In this case, the project proponent has no choice as to the structure to be adopted. This is notably the case of the activity of tobacco production for which the form of the CNS is imposed or for regulated liberal professions (doctors, physiotherapists ...) who have to carry out their activities either in their own name or in a company (SEL).

In addition, certain financial arrangements impose the choice of legal status on their own. In the case of a holding company, for example, the legal form must be a company.