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Decree No. 2015-731 24 June 2015 Relative To Administrative Formalities Necessary For The Exercise Of Economic Activity Of Persons Covered By The Arrangements Provided For In Article L. 133-6-8 Of The Code Of Social Security

Original Language Title: Décret n° 2015-731 du 24 juin 2015 relatif aux formalités administratives nécessaires à l'exercice de l'activité économique des personnes relevant du régime prévu à l'article L. 133-6-8 du code de la sécurité sociale

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Keywords

ARTISANAT , ARTISANAT , TRES PETITE , TPE , COMMERCIAL ACTIVITY , ARTISANAL ACTIVITY , INDEPENDENCE , SALARIAN , SOCIAL SECURITY ,


JORF n°0146 of 26 June 2015 page 10772
text No. 40



Decree No. 2015-731 of 24 June 2015 on the administrative formalities necessary for the exercise of the economic activity of persons under the regime provided for in Article L. 133-6-8 of the Social Security Code

NOR: EINI1423410D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/6/24/EINI1423410D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/6/24/2015-731/jo/texte

Publics concerned: individual contractors under the planArticle L. 133-6-8 of the Social Security Code, Registrars of Commercial Courts, Courts of Instance and Joint Commercial Courts holding the register of trade and companies, Chambers of trade and craft holding the repertoire of trades, business formalities centres.
Purpose: Implementing the requirement to register the trade and corporate registers or to register the trades and declaration of business creation by way of dematerialisation for persons under the plan under theArticle L. 133-6-8 of the Social Security Code.
Entry into force:
- for new adherents to the planArticle L. 133-6-8 of the Social Security Code, the requirement for registration in the trade and business register or in the trade register applies under the VI of Article 27 of Act No. 2014-626 of 18 June 2014 on handicrafts, trade and very small businesses, starting on 19 December 2014;
- persons who were under the same regime previously and who received a licence exemption must meet the registration requirement before 19 December 2015;
- the possibility for persons under the same regime carrying out business or craftsmanship to carry out their formalities by dematerialised way with the formalities centres of the companies of the USSRAF is removed at a date fixed by decree of ministers responsible for the economy and social security and no later than 1 January 2016;
- the obligation for persons under the same regime to make a dematerialized declaration of creation applies effective January 1, 2016.
Notice: this decree draws the consequences, in the Trade code, Criminal code, Labour code and two decrees, the provisions of Act No. 2014-626 of 18 June 2014 on handicrafts, trade and very small businesses that, on the one hand, remove the exemption from registration in the trade register and companies or in the repertoire of the trades of which persons under the plan were entitled toArticle L. 133-6-8 of the Social Security Code carrying out a complementary business or craft activity, respectively, and, on the other hand, impose the dematerialized path as a corporate declaration for persons under the same regime. It removes the possibility for persons under the same regime carrying on business or ale craftsman to carry out their formalities electronically with the formalities centres of the companies of the USSRAF. It provides that the management of the teleservice planned forArticle R. 123-21 of the Commercial Code is insured by the State.
References: this decree is taken pursuant to the 14th I of Article 26 and ofArticle 27 of Act No. 2014-626 of 18 June 2014 related to crafts, trade and very small businesses. It is available on the website Légifrance (Légifrance) http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice, and the Minister of Economy, Industry and Digital,
Vu le Civil codeincluding article 1316-4;
Vu le Trade codeincluding articles R. 123-1 to R. 123-30, R. 123-37, R. 123-208-2 to R. 123-208-4, R. 123-220, R. 123-224 and R. 761-15;
Vu le Criminal codeincluding its article R. 321-1;
Vu le Social Security Codeincluding articles L. 133-6-7-2 and L. 133-6-8;
Vu le Labour codeincluding its article R. 5141-29;
Vu la Act No. 94-126 of 11 February 1994 amended on the initiative and individual enterprise, including Article 2;
Vu la Act No. 96-603 of 5 July 1996 relating to the development and promotion of trade and crafts, including its article 19;
Vu la Act No. 2014-626 of 18 June 2014 relating to crafts, trade and very small businesses, including articles 26 and 27;
Vu le Decree No. 85-891 of 16 August 1985 relating to urban transport of persons and to non-urban road transport of persons, including article 6;
Vu le Decree No. 98-247 of 2 April 1998 relating to artisanal qualification and the repertoire of trades, including articles 7, 7 bis, 7 quater, 10, 10 bis and 26;
The State Council (inland section) heard,
Decrete:

Article 1 Learn more about this article...


The trade code is thus modified:
1° Section R. 123-3 is amended as follows:
(a) At 2°, the words: "and for natural persons receiving the registration dispensation provided for in the V of Article 19 of Law No. 96-603 of 5 July 1996 relative to the development and promotion of trade and crafts" are deleted;
(b) The penultimate paragraph is deleted;
2° After the article R. 123-5, an article R. 123-5-1 is inserted as follows:


"Art. R. 123-5-1.-The declarations for the creation of a business of persons under the plan under theArticle L. 133-6-8 of the Social Security Code are made electronically under the conditions set out in section L. 133-6-7-2 of the same code. » ;


3° Section R. 123-21 is amended as follows:
(a) The first paragraph is replaced by the following:
"An Internet-accessible computer service, secure and free of charge, allows the registrant, according to his choice, to:"
(b) After the third preambular paragraph, a sub-item reads as follows:
"This IT service also allows the declarer to be informed of the transmission of his file to the competent bodies and authorities and of the decisions taken by them. » ;
(c) The last paragraph is replaced by the following:
"The management of this computer service is a public service mission provided by the state.
"The business formalities centres, the services that the business formalities management organizations share for this purpose, and the transplants, pursuant to section R. 123-5, may, in addition, provide the reporting company with similar IT services. » ;
4° Article R. 123-32-1 is repealed;
5° The last paragraph of Article R. 123-37 is deleted;
6° Article R. 123-208-2 is amended as follows:
(a) In the first paragraph, the words "or the declaration provided for in Article L. 123-1-1" are deleted;
(b) In the second paragraph, the words: "or the declaration provided for in the V of Article 19 of Law No. 96-603 of 5 July 1996 relative to the development and promotion of trade and crafts" are deleted;
(c) In the third paragraph, the words: "or the declaration provided for in Article L. 123-1-1 or V of Article 19 of Act No. 96-603 of 5 July 1996 referred to above » are deleted;
7° In the third paragraph of Article R. 123-208-3, the words: "or the grant of the receipt of the declaration provided for in Article L. 123-1-1 and V of Article 19 of Law No. 96-603 of 5 July 1996 relative to the development and promotion of trade and crafts" are deleted;
8° In the third paragraph of Article R. 123-208-4, the words: "submitted to the statement referred to in Article L. 123-1-1 or to the statement referred to in Article L. 123-1-1 or V of Article 19 of Law No. 96-603 of 5 July 1996 relative to the development and promotion of trade and crafts, or" are deleted;
9° The third paragraph of Article R. 123-220 is deleted;
10° 2° of Article R. 123-224 is repealed;
11° Article R. 123-237-1 is repealed;
12° In the third paragraph of section R. 761-15, the words: ", either from the registration waiver provided for in section L. 123-1-1 or at the V of Article 19 of Law No. 96-603 of 5 July 1996 relative to the development and promotion of trade and crafts" are deleted.

Article 2 Learn more about this article...


In the third paragraph of Article R. 321-1 of the Criminal Code, the words: "or the receipt of a declaration of activity handed over by the business formality centre to the natural persons receiving the exemption from registration provided by the registrationArticle L. 123-1-1 of the Commercial Code » are deleted.

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At 3° of article R. 5141-29 of the Labour Code, the words: "registered or granted a registration exemption under the application of theArticle L. 123-1-1 of the Commercial Code, » are deleted.

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The j of 2° of Article 6 of the above-mentioned Decree of 16 August 1985 is repealed.

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The above-mentioned decree of 2 April 1998 is amended:
1° The last six paragraphs of Article 7 are deleted;
2° Article 7 bis is repealed;
3° In the first paragraph of Article 7 quater, the words: "or which is dispensed under the application ofArticle 19 of the Act of 5 July 1996 referred to above » are deleted;
4° The last three paragraphs of Article 10 are deleted;
5° In I of Article 10 bis, the words: "or the declaration of activity carried out pursuant to V of Article 19 of Law No. 96-603 of 5 July 1996 relative to the development and promotion of trade and crafts" are deleted;
6° The last paragraph of section 26 is deleted.

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I. - The provisions of the 1°, 6°, 8°, 9°, 11° and 12° of Article 1st, Articles 2 to 4 and 2° of Article 5 of this Decree come into force on 19 December 2015.
II. - The provisions of the b of the 1st of Article 1 of this Decree come into force on a date fixed by decree of ministers responsible for economics and social security and no later than 1 January 2016.
III. - The provisions of Article 1 of this Decree come into force on January 1, 2016.
IV. - Persons exempted from registration pursuant to provisions of Article L. 123-1-1 of the Commercial Code or V of Article 19 of the Act of 5 July 1996 referred to abovein their earlier writing Act of 18 June 2014, indicate, at the time of their application for registration, the unique identification number referred to in theArticle D. 123-235 Commercial code, which was attributed to them during their declaration of activity.
This application is filed no later than 19 December 2015 at the formalities centre of the competent companies or at the office of the competent court pursuant to theArticle R. 123-5 of the Commercial Code.
It is implemented provisions of the first sentence of the second paragraph of Article 1316-4 of the Civil Code electronic signatures required for applications referred to in the preceding paragraph where they are transmitted electronically.

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The Minister of Justice, the Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, and the Minister of Economy, Industry and Digital Affairs, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 24 June 2015.


Manuel Valls

By the Prime Minister:


Minister of Economy, Industry and Digital,

Emmanuel Macron


The Seal Guard, Minister of Justice,

Christiane Taubira


Minister of Finance and Public Accounts,

Michel Sapin


Minister of Social Affairs, Health and Women ' s Rights,

Marisol Touraine


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