The self-employed company is a figure of commercial law that consists of the figure of a self-employed person who, in order to develop their professional activity, creates a commercial company, becoming a figure between the self-employed and a company.
It is a figure created by legal traffic that cannot be framed either in a commercial company or in a habitual self-employed person. To consider that a person falls within the definition of this figure of corporate self-employed person, they must meet certain requirements established by law. It does not mean that the person chooses whether to be autonomous or to start a limited or anonymous company, it means that due to the situation of their professional activity they must register as a self-employed company.
This happens when a company is created, but its founder controls the company or works in it as a manager. In other words, if a natural person creates a company and does not work in it, they will not have to be listed as a self-employed company. But if the person works in it and directs it and also receives a remuneration for it, they must register as a corporate self-employed person.
It should be noted that we are referring to the case of Spain, but the details described, such as the names of each legal figure, may vary in each country.
Requirements to be self-employed
The main requirements to understand when we are faced with a corporate self-employed vary in three groups:
- The autonomous company will be the one who works in the society that he himself has created. At the same time, he performs managerial functions and has at least a 25% stake. These features can be expensive or free.
- The self-employed person who works in the company that he himself has created and has at least 33% of the capital of the company.
- It will also be the one who has 50% of the shares of the company adding those of his spouse and those of his relatives by consanguinity up to the second degree.
If you meet any of these requirements, you will be considered a self-employed company.
One of the great differences between the three figures of self-employed, self-employed company and commercial company, is responsibility. Each figure places a responsibility on the natural persons behind it.
- The self-employed person is liable for his debts with all his assets, not only with those who understand his professional activity.
- The mercantile society responds for its debts only with the assets of the society.
- The self-employed person responds with his patrimony in proportion to the social capital that he has contributed to the company.
Example of self-employed company
To understand it better, let’s see an example:
- A is a natural person who is dedicated to making handicrafts, is registered as a self-employed person and thus develops his professional activity, manufacturing and selling these works in his premises.
- A decides that he wants to expand his business and not only wants to sell his handicrafts at his store, but he wants to distribute them throughout the country. To do this, it creates a commercial company that is in charge of distribution and logistics.
- If A, in addition to founding the entity, maintains a 25% stake and works for the company, and this job consists of running the company as administrator or manager, he must register as a self-employed company. It is not enough just to provide the raw material for your handicrafts and sell them, but to lead as an administrator or manager.
- That is, if A creates the company to distribute its crafts and all it does is continue to make its works and sell them to the entity without having any control of it, and without having a 25% stake, it will continue to be autonomous and will have to issue invoices to society to collect for their work.
- On the other hand, if A creates the company to distribute its handicrafts and, in addition to continuing to carry out its handicraft works, directs the entity that is going to distribute them in the national market and has at least 25% of the shares, it must become autonomous corporate and will have to collect through a payroll for its management functions.