From May 14, 2022, the unique status of the individual entrepreneur comes into force. This status is the result of the Law n° 2022-172 of February 14, 2022 which also definitively abolished the status of the individual entrepreneur with limited liability.

Why the end of the EIRL?

Before the law of February 14, 2022, when a person wished to build his activity, he had several possibilities: 

The individual entrepreneur : for this regime, there was no creation of a legal entity. The entrepreneur chose to exercise his activity in his own name, the professional patrimony was merged with the personal patrimony.

The one-man business with limited liability : this form corresponds to the one-man business of the SARL, there is therefore the creation of a company and a legal entity.

The individual entrepreneur with limited liability: this status allows the entrepreneur to practice in his own name, but he is able to separate his two patrimonies with a professional patrimony "of affectation". This separation protected the personal assets of the individual.

The EIRL regime was created in 2010 and was intended to provide additional security to the simple protection of the principal residence offered by the IE status. However, the regime has unfortunately not been very attractive, in particular because of the complexity of the declaration of assignment of the professional patrimony.

Law of February 14, 2022: chronology of the entry into force

From February 14, 2022 : abolition of the EIRL regime.

Between February 14, 2022 and May 14, 2022 : persons benefiting from the EIRL regime cannot modify their assignment assets.

From May 14, 2022 : creation of the unique regime of the individual enterprise. For EIRLs existing on this date, claims prior to this date will remain subject to the old regime, but subsequent claims will be subject to the new regime.

New single status: simplifying the life of the individual entrepreneur

          Separation of assets         

As of May 14, 2022, any individual carrying on an activity in his own name in an independent manner will see his assets split into professional and personal assets. The only criterion that will have to be retained will be the "usefulness to the professional activity". This means that the creditors' pledge will only concern the professional patrimony, and vice versa.

          Prohibition of self-guarantee

Sole proprietorships will not be able to guarantee their professional assets with their personal assets. However, for the benefit of certain actors, in particular banks, the individual will be able to choose to merge his two assets.

          Transfer of activity and reunification of assets

In case of death of the entrepreneur or cessation of activity, the two assets will simply be reunited.

          Transfer

The law of February 14, 2022 aims to simplify the transfer of individual businesses without liquidating the activity. Thus, the entrepreneur will be able to transfer his professional patrimony for a fee or free of charge. These assets can now even be contributed to a company.

The creation of an activity can be complex, our consultants in wealth management can accompany you in the development of your business and determine with you which regime will best suit your needs.

In a world that moves, Wealth A7 is there to give life to your desires.