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Contributions in kind to an LLC or EURL new thresholds for the intervention of an external input

Decree No. 2010-1669 of 29 December 2010 (OJ of 30) changed the threshold for compulsory appointment of an external input for LLCs and EURL in the case contributions in kind.

From 1 January 2011, the appointment of an external input in an SARL or an EURL is only required in the following cases:

• the value of a contribution in kind exceeds 30,000 euros *
• the value of contributions in kind represents more than half of the share capital of the company.

(*): The previous threshold was 7,500 € and for EURL SARL.

For memo:

1. The auditor shall be a professional selected from the list of auditors and legal experts.
2. Numerous property may be in kind: business assets, vehicles, receivables, machinery, trademarks, patents, desktop computers ... the list is not exhaustive.
3. When the partners decide not to resort to an external input, their joint and several liability is incurred for 5 years on the value they have given to the property.
4. The value retained by the shareholders shall be the fair market value (resale value) of assets transferred.

the Press of Adafec (http://adafec.blogspot.com)