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The positioning of the accountant during the creation of the company (Advice to startups)

The approach of starting a business may require theintervention of an accountant for multiple reasons. First of all because it is an adventure which requires mastery of certain concepts (legal, tax, accounting, financial, etc.). Then because the decisions taken in the context of creating a business should never be taken lightly (they sometimes have irreversible consequences). In any case, the intervention of an accountant has many advantages whatever the sector of activity in which you wish to evolve.

1. Create your business with the help of an accountant: the advantages

Any project leader can choose to create their own business or to work with an accountant for the create ; we call this thesupport for business creation. Here are the main advantages.

A. Benefit from advice during the pre-creation phase

The support of an accounting professional has a cost, but it allows you to secure the project and benefit from advice and D'optimizations relating to:

· The choice of a legal structure exercise

Carry out your activity in your own name or in a company? Each legal form has advantages and disadvantages compared to the others. The choice of structure depends on many parameters: importance of the activity, association with other people, wishes in terms of transfer, desired social regime, limitation of liability, desire to want to transfer to an investing capital subsequently, etc. .

· The choice of social status of the manager

Non-salaried or salaried? The accountant's position will make it possible to optimize the entrepreneur's situation on a social level (social protection, retirement insurance contribution) but also fiscally (remuneration/dividend arbitration).

· The choice of a tax system for the company

Income tax or corporate tax? Some advisors brush aside this question even though it is essential for the business creator and has a direct impact on his personal assets. This choice can be guided by multiple parameters and in particular: the marginal tax rate (income tax) of the tax household of the business creator, the benefit of possible profit exemption schemes (free zones or industrial, EFE, special VAT regimes, investment code approvals, tax incentives for example) or even be imposed by the chosen legal form.

· The search of'helpers

The accountant will be able to identify the aid from which you could potentially benefit (incubators, state subsidies, initial business angels) and assist you in the process of obtaining financing (bank loans, business creation loans even if in our environments seem very limited)

· The establishment of business plan

The accountant will also be involved in the financial part of the project and the establishment of a business plan. His intervention will provide critical support and a global vision of the project. It will ensure that the financial needs generated by the project are correctly quantified and translated in the document.

This step is especially important for startups wishing to attract an initial business angel or a technical-financial partner wishing to invest in the said structure…

B. Benefit from technical support during the creation phase

Depending on the needs of his clients, the Chartered Accountant will take care of legal linked to the creation of the company: drafting of the statutes, drafting of a shareholder agreement, contract for the contribution of business capital, drafting of the minutes of the constitutive general meeting.

He will know how to adapt certain documents according to the wishes expressed by his clients (this is particularly important in companies for which the law grants great freedom to the statutes – the SAS for example).

Finally, the accountant takes care of thecompletion of creation formalities in relation to a notary (notice of insertion in a legal notice journal, registration of statutes etc.); which allows free the project leader from these administrative constraints.

C. Benefit from a wide range of services during the post-creation phase

Subsequently, the mission of the accountant may consist of:

· identify the most suitable accounting and administrative organization for the company;

· set up Management Tools (dashboards, indicators, reporting);

· fulfill obligations social (preparation of pay slips, social security tax declarations);

· fulfill obligations tax (preparation of the results declaration, VAT declarations, etc.);

· respect formalism legal relating to the operation of companies (approval of annual accounts, statutory modifications);

·       keep company accounts and prepare the financial statements (mission to present the annual accounts);

·       advise his client according to his needs.

2. The accountant’s mission to support business creation

The accountant, is, let us recall once again, an accounting professional belonging to a regulated profession governed by a professional order and numerous texts (Code of Ethics, manual of professional standards, etc.).

He is able to accept a mission of support for business creation at the request of the project leader. This mission must be carried out in compliance with its standards.

This involves in particular:

· Writing a engagement letter in which the accountant will summarize the business creation project, the expectations of the project leader, the duration of the mission, the objectives and limits of the mission, the relational terms as well as the expert's rate -accountant (fees);

· The establishment of a report to the attention of the project leader at the end of his work (the accountant will describe the work he has carried out, his findings and his recommendations).

The accounting professional is required:

· professional secrecy;

· an obligation of discretion regarding the information collected during his mission and the dissemination of the documents he has established;

· a duty to advise.

To know : the accountant has an obligation of means (and not an obligation of ends).

It cannot be held responsible in the event of failure to obtain bank financing or in the event of failure of the project, for example.

Conclusion : The accountant is a partner who can be entrusted with a mission of supporting business creation. There are many benefits to using this number professional. 

Source: JEC 2017 Brochure – Compta-facile

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