Comprehensive Guide to Executive Officer Compensation and Benefits

1. Executive Officer Compensation Decision-Making

  • Sole Proprietorships: Flexibility in salary and withdrawals
  • Corporate Entities:
    • Limited Liability Company (LLC)
    • Single-Member LLC (EURL)
    • Simplified Joint Stock Company (SAS/SASU)

2. Employee Status and Benefits

  • Conditions for managers to be treated as employees
  • Eligibility for unemployment benefits and requirement for an employment contract

3. Dividends and Profit Distribution

  • Rights to dividends for company directors as shareholders
  • Industry contributions and participation in profits
  • Social and Tax Implications:
    • Social regime for distributed dividends
    • Tax regime updates (post-2018)

4. Benefits in Kind

  • Definition of benefits in kind and examples (e.g., company assets used privately)
  • Tax and Social Security Implications:
    • Taxation and valuation for income tax purposes
    • Social security contributions on benefits in kind

5. Partner’s Current Account: Lending to the Company

  • Overview of a partner’s current account and its purposes
  • Terms and Conditions:
    • Interest deduction rules
    • Account operation and repayment rights
    • Handling partner’s departure and current account balance

6. Payment for Services Rendered

  • Possible contracts for services or property leasing by executives
  • Regulated Agreements:
    • Approval requirements for contracts to avoid conflicts of interest
    • Exemptions for routine contracts

1. Executive Officer Compensation Decision-Making

Sole Proprietorships:

 

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