COMBINING A MICRO-ENTERPRISE WITH ANOTHER ACTIVITY: THE RULES
This article deals with a problem that concerns many entrepreneurs: the combination of the auto-entrepreneur status with another activity.
We emphasize that the other activity must be distinct from the previous one. It is not advisable to combine the same activity with two businesses because of the significant risk of requalification as illegal activity. Indeed, there is no economic reason to carry out the same activity with two businesses, except to benefit from the advantageous auto-entreprise system.
Specific rules apply to the different possible combinations, and we are going to analyze the most frequent cases: the combination of the auto-entrepreneur status with another independent entrepreneur, with a SARL, with a SAS, with a SA or with another salaried activity.
1- Combining two activities as an auto-entrepreneur
An auto-entrepreneur can combine two activities, but within the same auto-enterprise.
It is impossible to create two different auto-enterprises because it would mean creating two individual companies, which is impossible.
Conclusion: it is impossible to have two auto-enterprises.
2- The combination of auto-entrepreneur and SARL
For the combination of the auto-entrepreneur status with an SARL, we will split the study into 4 different cases.
a- Combining the status of auto-entrepreneur with the status of majority manager of a limited liability company
An auto-entrepreneur cannot also be the majority manager of a SARL. This rule is valid in both directions:
- a current auto-entrepreneur cannot be designated as the majority manager of a SARL,
- and a majority manager of a limited liability company cannot become an auto-entrepreneur at the same time as his mandat
b- The combination of auto-entrepreneur and equal or minority manager of an SARL
This combination is not forbidden: it is possible to be both an auto-entrepreneur and a minority or equal manager of an SARL.
c- The combination of auto-entrepreneur and partner of a SARL
An auto-entrepreneur can become a partner of a SARL and vice versa.
The only prohibition is to combine the status of auto-entrepreneur with a mandate of majority manager of SARL.
d- Combining the status of auto-entrepreneur with that of EURL
The rules are the same as above:
it is impossible to be the sole manager of an EURL and an auto-entrepreneur for another activity,
it is possible to be a non-managing sole partner of an EURL and an auto-entrepreneur for another activity.
3- The combination of auto-entrepreneur and SAS
The president of a SAS being a manager assimilated to a salaried employee, he can combine his mandate with an activity as an auto-entrepreneur.
Moreover, one can also be a partner of a SAS and at the same time be an auto-entrepreneur.
The same rules apply when it is a SASU.
Conclusion: there are therefore no restrictions on combining the status of auto-entrepreneur with the status of director of an SAS or the status of partner of an SAS.
4- Combining an auto-entrepreneur with a salary job
In principle, it is quite possible to combine the status of auto-entrepreneur with a salaried position. First of all, you must respect your obligation of loyalty towards your employer.
Moreover, specific rules may prohibit this combination:
- terms provided for in the employment contract, such as exclusivity for example,
- provisions related to the sector of activity,
- or positions with a special status, such as government employee
Conclusion: the combination of a salaried position with the status of auto-entrepreneur is in principle possible, but there are some prohibitions. It is therefore advisable to find out in advance about the practices in the field, about the content of your employment contract and, if applicable, about the restrictions linked to your status (if it is special).