SOCIETE EN COMMANDITE PAR ACTIONS (SCA) et le RGPD

LIMITED PARTNERSHIP WITH SHARES (SCA) and the GDPR

The Société en Commandite par Actions (SCA) is a legal form of business in France that combines the characteristics of a simple limited partnership (SCS) and a public limited company (SA). It allows two types of partners to collaborate to operate a business together: the general partners and the shareholders.

The Limited Partnership with Shares (SCA) is aimed at people wishing to create a business in association with other people, while retaining a certain freedom of management and limiting their liability.
The SCA is particularly suited to situations where some partners wish to contribute funds without having to actively participate in the management of the company. In this case, these partners are called limited partners and their liability is limited to the amount of their capital contribution. The other partners, called general partners, have unlimited liability and actively participate in the management of the company.
The SCA is also suitable for commercial activities which require significant contributions, but where the partners wish to limit their liability.
It should be noted, however, that the creation of an SCA requires the drafting of precise statutes and a relatively high level of formality. In addition, the SCA may be subject to certain specific tax and accounting rules.

General partners are individuals or legal entities who have unlimited and joint liability for the company's debts and are responsible for the day-to-day management of the business. Shareholders, for their part, are liable for the company's debts within the limits of their contributions and have no management powers.
The SCA is managed by one or more managers, who are appointed by the general partners and who are responsible for the day-to-day management of the company. Shareholders participate in the company's major decisions at general meetings.
The share capital of the SCA is divided into shares, which are freely tradable on a stock market or between shareholders. The company's profits are distributed among the general partners and shareholders according to their shares in the share capital.
The SCA is subject to corporate income tax (IS) and the company's profits are taxed at the company level. Shareholders may freely transfer their shares, but their transfer may be subject to certain restrictions set out in the company's articles of association.
The SCA is often used for companies that wish to combine the advantages of management by general partners and shareholder participation. It is particularly suitable for companies that require significant funds for their development and wish to call on external investors.

As a Société en Commandite par Actions (SCA), the types and nature of personal data you can process will depend on the type of business you carry out. However, here are some examples of personal data that SCAs may process:

  • Personally identifiable information: This may include data such as name, address, email address, telephone number, date of birth, and social security number.
  • Financial Information: This may include information such as credit card numbers, banking information, payment information, debts and financial assets.
  • Employment Information: This may include information such as employee name, employee address, salary, leave details, and benefits.
  • Shareholder Information: This may include information such as each shareholder's name, address, telephone number, number of shares held, and stock purchase history.
  • Customer Information: This may include information such as the customer's name, address, telephone number, and purchase history.
  • Supplier Information: This may include information such as name, address, telephone number and contract terms.

It is important to note that SCAs are subject to personal data protection regulations and must comply with applicable data protection laws, such as the General Data Protection Regulation (GDPR) in Europe and the Consumer Online Privacy Protection Act (CCPA) in California. SCAs must ensure that all personal data they collect is handled securely and in accordance with applicable laws.


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