Trade

Company creation and structuration

The creation of a company is a complex process requiring a global analysis of the issues, resources implemented, and the short, medium and long-term objectives.

The situation has to be analyzed from a tax, legal and social standpoint.

MOSAIK shall assist you, in order to define the best structuration according to your issues involved.

No legal form is more beneficial than another.

This choice depends on numerous settings that should be defined beforehand:

• Who is the director? (individual or legal entity)
• What social status do you want for the director? Non-salaried / salaried?
• Do you want to contribute for the pension and unemployment?
• Do you want to enable an easy access for new shareholders?
• Do you want to be taxed on corporate tax or income tax?
• Do you want to have flexibility in your by-laws?

Once you have made your decision, MOSAIK shall accompany you with the drafting of your company’s by-laws and in order to proceed with the following:

• The registration with the registry of trade and companies
• The publication in an official journal
• The declaration with the relevant State services

Other equally important questions and measures must be envisaged.

In the event whereby the shareholders envisage a subsequent third party share in the capital, they must protect their interests, and already provide for their relations in such a situation.

These commitments shall be formalized in a shareholder agreement, intended to protect their respective interests, which could provide for the following:

• The common objectives
• The organization method of the company’s governance, in particular, the control of the important decisions taken in the general meeting
• The terms for share transfers
• The terms for the departure of a shareholder
• The terms for the entry of a new shareholder / investor