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, without his or her personal share being less than 35% ;
2° An applicant who is a director of the company and who holds, personally or together with his or her spouse, partner in a civil solidarity pact, ascendants or descendants, at least one third of the company’s capital, but whose personal share may not be less than 25% and provided that no other shareholder directly or indirectly holds more than half of the capital;
3° Applicants who together hold more than half of the company’s capital, provided that one or more of them is a manager and that each applicant holds a share of capital equal to at least one tenth of the share held by the main shareholder or unit-holder.