French Commercial code
In forceI. - The spouse of the head of a craft, commercial or liberal profession business who regularly carries out a professional activity therein opts for one of the following statuses:
1° Collaborating spouse;
2° Salaried spouse;
3° Associate spouse.
II. - As far as companies are concerned, the status of collaborating spouse is only authorised for the spouse of the sole managing partner or majority managing partner of a limited liability company or a limited liability liberal practice partnership.
The choice made by the spouse of the majority managing partner to benefit from the status of collaborating spouse is brought to the attention of the partners at the first general meeting following notification of this status to the bodies mentioned in IV.
III. - The professional and social rights and obligations of the spouse result from the status for which he/she has opted.
IV.-The head of the company is required to declare the regular professional activity of his/her spouse in the company and the status chosen by the latter to the bodies authorised to register the company. Only collaborating spouses are entered in the Trade and Companies Register, the Special Register of Commercial Agents, the Special Register of Sole Proprietorships with Limited Liability and the National Register of Companies.
In the absence of a declaration of professional activity, a spouse who has exercised a professional activity on a regular basis in the company is deemed to have done so under the status of employed spouse.
In the absence of a declaration of professional activity, a spouse who has exercised a professional activity on a regular basis in the company is deemed to have done so under the status of employed spouse.
In the absence of a declaration of the status chosen, the head of the company is deemed to have declared that this status is that of salaried spouse.
IV bis -A person may not retain the status of collaborating spouse for a period of more than five years, taking into account all the periods and companies in respect of which he/she has opted for this status.
After this period, if the spouse continues to work on a regular basis in the company, he/she must opt for the status of employee spouse or partner spouse. Failing this, they are deemed to have opted for the status of employed spouse.
V.-The definition of the collaborating spouse, the procedures for the declarations provided for in this article and the other conditions for the application of this article are laid down by decree in the Conseil d'Etat.
