LIMITED PARTNERSHIP (SCS) and the GDPR
The Société en Commandite Simple (SCS) is a legal form of business in France that allows two types of partners to collaborate to operate a business together: general partners and limited partners.
The Limited Partnership (SCS) is aimed at people wishing to create a business in association with other people, but retaining a certain freedom of management while limiting their liability.
The SCS 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 contribution. The other partners, called general partners, have unlimited liability and actively participate in the management of the company.
The SCS 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 SCS requires the drafting of precise statutes and a relatively high level of formality. In addition, the SCS 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. They are also responsible for the day-to-day management of the business. Limited partners, on the other hand, do not participate in the company's management and their liability is limited to their contribution to the company's share capital.
The SCS 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. The company's profits are distributed among the partners according to their shares in the share capital.
The SCS is not subject to corporate income tax (IS), but the company's profits are taxed at the level of the partners, based on their shares in the company. Limited partners may freely transfer their shares, but their transfer may be subject to certain restrictions set out in the company's articles of association.
The SCS is often used for family businesses or for partnerships between trusted persons, because it allows investors to participate in a business without being involved in day-to-day management and without risking unlimited liability.
As a Limited Partnership (SCS), 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 SCSs may process:
It is important to note that SCSs 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. SCSs must ensure that all personal data they collect is handled securely and in accordance with applicable laws.