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Chapter I: Aid for business start-ups and takeovers

Article R5141-1 of the French Labour Code

The aid intended for people setting up or taking over a business, or undertaking the practice of another self-employed profession, provided for in this chapter, includes : 1° The exemption from social security contributions provided for in Article L. 161-1-1 of the Social Security Code. This exemption may be combined with the allowances mentioned in article 9 of law no. 98-657 of 29 July 1998 on the fight against exclusion;…

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Article R5141-2 of the French Labour Code

For the purposes of Article L. 5141-1, the following are deemed to fulfil the condition of effective control of the business created or taken over when it is set up as a company: 1° An applicant for the benefit of these provisions who holds, personally or with his or her spouse, partner in a civil solidarity pact or cohabiting partner, ascendants and descendants, more than half of the company’s capital,…

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Article R5141-3 of the French Labour Code

When a person has been granted aid for setting up or taking over a business or for practising another self-employed profession, he or she may not be granted this aid again until three years have elapsed following the previous decision by the Prefect or the authorised body provided for in article R. 5141-22 . The provisions of the first paragraph do not apply to the aid provided for in 4°…

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Article R5141-4 of the French Labour Code

If it is established that the aid was obtained as a result of false declarations or if the condition of effective control of the company created or taken over ceases to be met within two years of the creation or takeover, and subject to article R. 5141-6: 1° The benefit of the exemptions from social security contributions mentioned in 1° of article R. 5141-1 is withdrawn by decision of the…

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Article R5141-5 of the French Labour Code

In the case provided for in article R. 5141-4, the beneficiary pays the social security bodies concerned the contributions from which he has been exempted, in application of articles L. 161-1-1 and L. 161-24 of the Social Security Code, and reimburses the amount of financial assistance already received.

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Article R5141-6 of the French Labour Code

As an exception to articles R. 5141-4 and R. 5141-5, when the loss of effective control results from the cessation of the business created or taken over, or the sale of the business as part of a safeguard, recovery or judicial liquidation procedure, repayment of the financial aid and payment of the social security contributions from which the beneficiary has been exempted may not be required, on the basis of…

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